Chapter 2 | Zoning Resolution

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32-00

GENERAL PROVISIONS

†

In order to carry out the purposes and provisions of this Resolution, the uses within buildings or other structures as well as the open uses of zoning lots, or portions thereof, have been classified and combined into 10 separate Use Groups with similar characteristics. For the purpose 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. Use Groups I, II, III, IV, V, VI, VII, VIII, IX and X, are permitted in Commercial Districts subject to the provisions of the following Sections:

Sections 32-11 (Use Group I – Agriculture and Open Uses) through 32-20 (Use Group X – Production Uses), inclusive, establish general use allowances in Use Groups I through X, including each use listed separately therein, by Commercial District, and additional provisions for certain uses where applicable.
Section 32-30 (STREETSCAPE REGULATIONS), inclusive, sets forth streetscape regulations on designated street frontages.
Section 32-40 (SUPPLEMENTARY USE REGULATIONS), inclusive, sets forth supplementary use regulations and special provisions applying along district boundaries, including:
1. enclosure within buildings, as set forth in Section 32-41, inclusive;
2. location within buildings, as set forth in Section 32-42, inclusive; and
3. limitations on business entrances, show windows or signs, as set forth in Section 32-43, inclusive.
Section 32-50 (SPECIAL PROVISIONS APPLICABLE TO CERTAIN AREAS), inclusive, sets forth special provisions applicable to certain areas.
Section 32-60 (SIGN REGULATIONS), inclusive, sets forth regulations for permitted signs.

The use provisions of this Chapter may be modified or superseded by special rules for certain areas in Article I (GENERAL PROVISIONS), Article VI (Special Regulations Applicable to Certain Areas), and through Special Purpose Districts.

32-01

Special Provisions for Adult Establishments

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.

32-10

USE ALLOWANCES

The provisions of Sections 32-11 (Use Group I – Agriculture and Open Uses) through 32-20 (Use Group X – Production Uses), inclusive, establish use allowances by Use Group. A brief statement is inserted at the start of each Section to describe and clarify the basic characteristics of that Use Group, followed by Use Group tables showing use allowances by zoning district. For each use and zoning district, the tables contain up to two levels of symbology in a particular cell:

The top level will always contain a symbol and denotes where uses are:
1. permitted as-of-right (“●”);
2. permitted as-of-right in some instances, but with broad use limitations on as-of-right applicability, either by district or geographic restrictions (“♦”);
3. allowed by special permit (“○”) of the Board of Standards and Appeals or the City Planning Commission; or
4. not permitted in the district (“–”).
The second level may or may not be present, depending on the use and the zoning district. Where present, the table denotes one or more allowances or restrictions on the as-of-right use. Specifically, they denote where the following apply:
1. size restrictions (“S”), including establishment or lot area size limitations or person capacities;
2. additional conditions (“P”), including environmental standards or other measures other than size restrictions or open use regulations; or
3. open use allowances (“U”), including exemptions from enclosure rules and additional open use regulations. Such allowances may be supplemented or superseded by the provisions of Section 32-40 (SUPPLEMENTARY USE REGULATIONS), inclusive.

Such notations are illustrated in the following diagram:

Where a use is permitted and no second level symbology is included, the use is permitted without size restrictions, additional conditions or open use allowances. However, all uses, where applicable, are subject to the provisions of Section 32-40, inclusive.

Use Group tables, except in Section 32-12 (Use Group II – Residences), also show the parking requirement category, denoted as “PRC”, for the applicable use, where applicable. PRC letters A through G 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). Subcategories within, denoted by number suffices, indicate variations of the same parking category. Where the PRC for a use is denoted as “N/A”, no parking requirement applies except as specified in other provisions of this Resolution.

Subsections following the table for a particular Use Group contain specific provisions applicable to certain uses, including size restrictions, additional conditions, or permission for unenclosed uses. Other subsections contain references for uses permitted by special permits of the Board of Standards and Appeals or the City Planning Commission, or provisions for uses where two PRCs are assigned.

The following diagram provides an illustrative example of how such provisions are notated across zoning districts for a given use:

ILLUSTRATIVE EXAMPLE

32-11

Use Group I – Agriculture and Open Uses

C1 C2 C3 C4 C5 C6 C7 C8

Use Group I consists of various primarily open uses of land. The provisions regulating uses classified in this Use Group are set forth as follows:

Section 32-111 (Use Group I – general use allowances) which includes the compilation of uses in the Use Group table;
Section 32-112 (Use Group I – uses subject to size limitations) for size restrictions that apply to certain uses, as denoted with an “S” in the Use Group table;
Section 32-113 (Use Group I – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table;
Section 32-114 (Use Group I – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group table;
Section 32-115 (Use Group I – uses permitted by special permit) for uses only permitted by special permit by the Board of Standards and Appeals, as denoted with “○” in the Use Group table; and
Section 32-116 (Use Group I – additional provisions for parking requirement category) for uses with more than one parking requirement category or other applicable parking provisions, as denoted with “*” in the Use Group table.

32-111

Use Group I – general use allowances

The following table includes uses classified as Use Group I and sets forth their allowances by Commercial District. Notations found in the table are further described in Section 32-10 (USE ALLOWANCES). Where permitted as-of-right in a Commercial District, all uses listed as “Open Uses” in the table shall be unenclosed, except for ancillary buildings or other structures.

USE GROUP I – AGRICULTURE AND OPEN USES
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions U = Open use allowances
Uses	C1	C2	C3	C4	C5	C6	C7	C8	PRC
Agriculture
Agricultural *uses*, including greenhouses, nurseries, or truck gardens	● _{S P U}	● _{S P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	G
Open Uses
Cemeteries	●	●	●	●	●	●	●	●	N/A
Golf courses	●	●	●	●	●	●	●	●	*
Outdoor racket courts	● _P	● _P	● _P	● _P	● _P	● _P	● _P	● _P	G
Outdoor skating rinks	● _P	● _P	● _P	● _P	● _P	● _P	●	●	G
*Public parks* or playgrounds or private parks	●	●	●	●	●	●	●	●	N/A
Sand, gravel, or clay pits	○	○	○	○	○	○	○	○	N/A

32-112

Use Group I – uses subject to size limitations

For uses denoted with an “S” in Section 32-111 (Use Group I – general use allowances), the following provisions shall apply:

Agricultural uses located in buildings other than greenhouses shall be limited to 3,000 square feet of floor area per establishment in C1 Districts that are select commercial overlays and 10,000 square feet of floor area per establishment in C2 Districts that are select commercial overlays.

32-113

Use Group I – uses subject to additional conditions

For uses denoted with a “P” in Section 32-111 (Use Group I – general use allowances), the following limitations shall apply:

Agricultural uses, including greenhouses, nurseries, or truck gardens, are permitted in all Commercial Districts provided that:
1. no offensive odors or dust are created, and that there is no sale of products which are not produced on the same zoning lot; and
2. in C1 or C2 Districts, enclosed agricultural uses not located in greenhouses shall be limited to those that do not require a New York State Adult-Use Cultivator or Adult-Use Conditional Cultivator license, or their successors, as applicable.
Outdoor racket courts or skating rinks are permitted in all Commercial Districts provided that all lighting shall be directed away from nearby residences.

32-114

Use Group I – uses subject to open use allowances

For uses denoted with a “U” in Section 32-111 (Use Group I – general use allowances), a use may be open or enclosed without restriction.

32-115

Use Group I – uses permitted by special permit

For uses denoted with “○” in Section 32-111 (Use Group I – general use allowances), the provisions of this Section shall apply. Sand, gravel or clay pits may only be permitted in all Commercial Districts, by special permit of the Board of Standards and Appeals, in accordance with Section 73-112 (Sand, gravel or clay pits).

32-116

Use Group I – additional provisions for parking requirement category

For permitted uses denoted with “*” for parking requirement category (PRC) in Section 32-111 (Use Group I – general use allowances), the provisions of this Section shall apply. For golf courses, the portion of such facility used for golf course club houses shall be classified as PRC B3. All other portions of a golf course shall not be subject to any parking requirements.

32-12

Use Group II – Residences

C1 C2 C3 C4 C5 C6 C7 C8

Use Group II consists of residences of various types. The provisions regulating uses classified in this Use Group are set forth as follows:

Section 32-121 (Use Group II – general use allowances) which includes the compilation of uses in the Use Group table;
Section 32-122 (Use Group II – uses permitted with limited applicability) for additional limitations on applicability for certain uses, as denoted with “♦” in the Use Group table; and
Section 32-123 (Use Group II – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table.

32-121

Use Group II – general use allowances

The following table includes uses classified as Use Group II and sets forth their allowances by Commercial District. Notations found in the table are further described in Section 32-10 (USE ALLOWANCES).

USE GROUP II – RESIDENTIAL USES
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions U = Open use allowances
Uses		C1	C2	C3	C4	C5	C6	C7	C8
Residential Uses
*Single-family residence*	*Detached*	●	●	●	● _P	●	●	–	–
	*Zero lot line*	●	●	●	● _P	●	●	–	–
	*Semi-detached*	●	●	♦	● _P	●	●	–	–
	Other types	●	●	♦	● _P	●	●	–	–
*Two-family residence*	*Detached*	●	●	●	● _P	●	●	–	–
	*Zero lot line*	●	●	●	● _P	●	●	–	–
	*Semi-detached*	●	●	♦	● _P	●	●	–	–
	Other types	●	●	♦	● _P	●	●	–	–
All other types of *residences, including apartment hotels* and *affordable independent residences for seniors*		●	●	♦	● _P	●	●	–	–

32-122

Use Group II – uses permitted with limited applicability

For uses denoted with “♦” in Section 32-121 (Use Group II – general use allowances), the provisions of this Section shall apply. In C3A Districts, only single- or two-family detached or zero lot line residences shall be permitted.

32-123

Use Group II – uses subject to additional conditions

For uses denoted with a “P” in Section 32-121 (Use Group II – general use allowances), the provisions of this Section shall apply. In C4 Districts, all residential uses shall be permitted except that in lower density growth management areas within the Borough of Staten Island, no residences shall be allowed on the following zoning lots in C4-1 Districts, except by special permit of the City Planning Commission in accordance with Section 74-121 (Residential use in C4-1 Districts in Staten Island):

any zoning lot where such zoning district occupies at least four acres within a block; or
any other zoning lot with a lot area greater than 20,000 square feet on December 21, 2005, or on any subsequent date.

32-13

Use Group III – Community Facilities

C1 C2 C3 C4 C5 C6 C7 C8

Use Group III consists of uses that provide educational, religious, health and other essential services. The provisions regulating uses classified in this Use Group are set forth as follows:

Section 32-131 (Use Group III – general use allowances) which includes the compilation of uses in the Use Group tables;
Section 32-132 (Use Group III – uses subject to size restrictions) for size restrictions that apply to certain uses, as denoted with a “S” in the Use Group tables;
Section 32-133 (Use Group III – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group tables;
Section 32-134 (Use Group III – uses permitted by special permit) for uses permitted by special permit of the Board of Standards and Appeals or the City Planning Commission, as denoted with “○” in the Use Group tables; and
Section 32-135 (Use Group III – additional provisions for parking requirement category) for uses with more than one parking requirement category or other applicable parking provisions, as denoted with “*” in the Use Group tables.

32-131

Use Group III – general use allowances

The following tables include uses classified as Use Group III and set forth their allowances by Commercial District. Such uses are categorized as community facilities with and without sleeping accommodations, as provided in paragraphs A and B of this Section. Notations found in the tables are further described in Section 32-10 (USE ALLOWANCES).

A. Community Facilities with Sleeping Accommodations

USE GROUP III(A) – COMMUNITY FACILITIES WITH SLEEPING ACCOMMODATIONS
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions U = Open use allowances
Uses	C1	C2	C3	C4	C5	C6	C7	C8	PRC
Educational Institutions
College or school student dormitories and fraternity or sorority student houses	●	●	●	●	●	●	●	–	E2
Faith-based Institutions and Facilities
Monasteries, convents or novitiates	●	●	●	●	●	●	●	● _P	N/A
Rectories or parish houses with sleeping accommodations	●	●	●	●	●	●	●	●	N/A
Seminaries with sleeping accommodations	●	●	●	●	●	●	●	●	*
Health Institutions and Facilities
*Long-term care facilities*	● _P	● _P	● _P	● _P	● _P	● _P	● _P	–	E3
*Non-profit hospital staff dwellings*	● _P	● _P	● _P	● _P	● _P	● _P	● _P	● _P	*
Other Institutions and Facilities
Philanthropic or non-profit institutions with sleeping accommodations	● _S	● _S	● _S	● _S	● _S	● _S	● _S	–	E3
Settlement houses	●	●	●	●	●	●	●	●	N/A

B. Community Facilities without Sleeping Accommodations

USE GROUP III(B) – COMMUNITY FACILITIES WITHOUT SLEEPING ACCOMMODATIONS
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions U = Open use allowances
Uses	C1	C2	C3	C4	C5	C6	C7	C8	PRC
Educational Institutions
Colleges or universities, including professional schools but excluding business colleges or trade schools	●	●	●	●	●	●	●	–	*
*Schools*	●	●	●	●	●	●	●	○	G
Faith-based Institutions and Facilities
Houses of worship	●	●	●	●	●	●	●	●	G
Parish houses without sleeping accommodations	●	●	●	●	●	●	●	●	N/A
Seminaries without sleeping accommodations	●	●	●	●	●	●	●	●	*
Health Institutions and Facilities
Ambulatory diagnostic or treatment health care facilities	● _P	● _P	● _P	● _P	● _P	● _P	● _P	● _P	A3
Non-profit or voluntary hospitals and related facilities, except animal hospitals	●	●	●	●	●	●	●	●	E1
Proprietary hospitals and related facilities, except animal hospitals	●	●	●	●	●	●	●	●	E1
Other Institutions and Facilities
Community centers	●	●	●	●	●	●	●	●	B3
Libraries	●	●	●	●	●	●	●	–	G
Museums	●	●	●	●	●	●	●	–	G
Non-commercial art galleries	●	●	●	●	●	●	●	●	G
Non-commercial clubs	● _P	● _P	● _P	● _P	● _P	● _P	● _P	● _P	B3
Non-commercial recreation centers	●	●	●	●	●	●	●	●	B3
Philanthropic or non-profit institutions without sleeping accommodations, excluding ambulatory diagnostic or treatment health care facilities	● _S	● _S	● _S	● _S	● _S	● _S	● _S	● _S	B3
Welfare centers	●	●	●	●	●	●	●	●	B3

32-132

Use Group III – uses subject to size limitations

For uses denoted with an “S” in Section 32-131 (Use Group III – general use allowances), the provisions of this Section shall apply. For any philanthropic or non-profit institutions, with or without sleeping accommodations, in all Commercial Districts, the number of persons employed in central office functions shall not exceed 50, and the amount of floor area used for such purposes shall not exceed 25 percent of the total floor area, except that in Commercial Districts mapped within, or with an equivalent of an R8, R9 or R10 District, 25,000 square feet, whichever is greater.

32-133

Use Group III – uses subject to additional conditions

For uses denoted with a “P” in Section 32-131 (Use Group III – general use allowances), the following provisions shall apply:

Monasteries, convents or novitiates in C8 Districts, used only for living purposes, are permitted provided that such use is to be part of a group of buildings accommodating house of worship activities, schools or other house of worship facilities that existed on December 15, 1961, or any applicable subsequent amendment thereto, and that such use is to be located on the same zoning lot with one or more buildings in such group of buildings or on a zoning lot that is contiguous thereto or directly across the street on which such buildings face.
Long-term care facilities in C1 through C7 Districts are permitted except that in certain areas, the following provisions shall apply:
1. In the high-risk flood zone, as defined in Section 64-11 (Definitions), or within the areas set forth in APPENDIX K (Areas With Nursing Home Restrictions), the development of nursing homes and nursing home portions of continuing care retirement communities, as defined in the New York State Public Health Law, or the enlargement of an existing nursing home that increases such floor area by more than 15,000 square feet, shall not be permitted on any portion of a zoning lot that is located within such areas.
2. 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, are permitted only by special permit of the City Planning Commission pursuant to Section 74-131 (Long-term care facilities). However, such special permit may not be applied to developments or enlargements that are subject to the restrictions set forth in paragraph (a) of this Section.
Non-profit hospital staff dwellings in all Commercial Districts shall be located on the same zoning lot as the non-profit or voluntary hospital and related facilities or on a separate zoning lot that is immediately contiguous thereto. However, in C1 through C7 Districts, such separate zoning lot may also include those that would be contiguous but for its separation by a street or a street intersection. Such conditions may be further modified by special permit of the City Planning Commission, in accordance with Section 74-132 (Non-profit hospital staff dwelling).
Ambulatory diagnostic or treatment health care facilities in all Commercial Districts shall be limited to public, private, for-profit or not-for-profit medical, health and mental health care facilities licensed by the State of New York, or a facility in which patients are diagnosed or treated by health care professionals, licensed by the State of New York or by persons under the supervision of such licensee for medical, health or mental health conditions, and where such patients are ambulatory rather than admitted. Such facilities shall not include the practice of veterinary medicine or ophthalmic dispensing.
Non-commercial clubs as classified in this Use Group, in all Commercial Districts, shall not include:
1. clubs, the chief activity of which is a service predominantly carried on as a business;
2. non-commercial outdoor swimming pool clubs; or
3. any other non-commercial clubs with outdoor swimming pools located less than 500 feet from any lot line.

32-134

Use Group III – uses permitted by special permit

For uses denoted with “○” in Section 32-131 (Use Group III – general use allowances), the provisions of this Section shall apply. Schools may permitted in C8 Districts by special permit of the Board of Standards and Appeals, in accordance with Section 73-133 (Schools).

32-135

Use Group III – additional provisions for parking requirement category

For permitted uses denoted with “*” for parking requirement category (PRC) in Section 32-131 (Use Group III – general use allowances), the following provisions shall apply:

Non-profit hospital staff dwellings shall be subject to parking requirements applicable to residences, in accordance with Section 36-021 (Applicability of regulations to non-profit hospital staff dwellings).
For colleges, universities or seminaries, the portion of such facility that is used for classrooms, laboratories, student centers or offices shall be classified as PRC G. The portion of such facility that is used for theaters, auditoriums, gymnasiums or stadiums shall be classified as PRC B2.

32-14

Use Group IV – Public Service Facilities and Infrastructure

C1 C2 C3 C4 C5 C6 C7 C8

Use Group IV consists of uses that provide public services, including public safety buildings, and infrastructure. The provisions regulating uses classified in this Use Group are set forth as follows:

Section 32-141 (Use Group IV – general use allowances) which includes the compilation of uses in the Use Group tables;
Section 32-142 (Use Group IV – uses subject to size restrictions) for size restrictions that apply to certain uses, as denoted with an “S” in the Use Group tables;
Section 32-143 (Use Group IV – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group tables;
Section 32-144 (Use Group IV – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group tables; and
Section 32-145 (Use Group IV – uses permitted by special permit) for uses permitted by special permit of the Board of Standards and Appeals or the City Planning Commission, as denoted with “○” in the Use Group tables.

32-141

Use Group IV – general use allowances

The following tables include uses classified as Use Group IV and set forth their allowances by Commercial District. Such uses are categorized as public service facilities, utility infrastructure, or renewable energy and green infrastructure, as provided in paragraphs A, B and C of this Section. Notations found in the tables are further described in Section 32-10 (USE ALLOWANCES).

A. Public Service Facilities

USE GROUP IV(A) – PUBLIC SERVICE FACILITIES
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions U = Open use allowances
Uses	C1	C2	C3	C4	C5	C6	C7	C8	PRC
Public Service Buildings
Court houses	●	●	–	●	●	●	●	●	A4
Fire or police stations	●	●	–	●	●	●	●	●	A4
Other Facilities
Prisons	–	–	–	●	●	●	●	●	G

B. Infrastructure

USE GROUP IV(B) –INFRASTRUCTURE
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions U = Open use allowances
Uses	C1	C2	C3	C4	C5	C6	C7	C8	PRC
Communication Infrastructure
Radio or television towers, non-*accessory*	○	○	○	○	○	○	○	○	N/A
Telephone exchanges or other communications equipment structures	● _P	● _P	–	● _P	● _P	● _P	● _P	● _P	N/A
Electric and Gas Infrastructure
Electric power or steam generating plants	–	–	–	–	–	–	–	–	D2
Electric utility substations	● _{S U}	● _{S U}	○	● _{S U}	● _{S U}	● _{S U}	● _{S U}	● _{S U}	N/A
Gas utility substations	● _{S U}	● _{S U}	–	● _{S U}	● _{S U}	● _{S U}	● _{S U}	● _{S U}	N/A
Public utility stations for oil or gas metering or regulating	●	●	–	●	●	●	●	●	N/A
Terminal facilities at river crossings for access to electric, gas, or steam lines	●	●	–	●	●	●	●	●	N/A
Sewage, Storm Water and Waste Infrastructure
Composting	–	–	–	–	–	–	–	–	D2
Dumps, recycling or material recovery facilities, marine transfer stations for garbage or slag piles	–	–	–	–	–	–	–	–	D2
Incineration or reduction of garbage, offal or dead animals	–	–	–	–	–	–	–	–	D1
Radioactive waste disposal services involving the handling or storage of radioactive waste	–	–	–	–	–	–	–	–	D1
Sewage disposal plants	○	○	○	○	○	○	○	○	D1
Water or sewage pumping stations	●	●	–	●	●	●	●	●	N/A
Transportation Infrastructure
Airports	–	–	–	–	–	–	–	–	N/A
Boat launching facilities for non-commercial pleasure boats	● _U	● _U	● _U	● _U	● _U	● _U	● _U	● _U	N/A
Bus stations	○	○	–	○	○	○	○	○	N/A
Docks	● _{S P U}	● _{S P U}	● _{S P U}	● _{S P U}	● _{S P U}	● _{S P U}	● _{S P U}	● _{S P U}	G
Freight terminals, yards or appurtenances, or facilities or services used or required in railroad operations, but not including passenger stations	–	–	–	–	–	–	–	–	D2
Heliports	–	–	○	○	○	○	○	○	N/A
Mooring facilities for non-commercial pleasure boats	● _U	● _U	● _U	● _U	● _U	● _U	● _U	● _U	N/A
Public transit or railroad electric substations	○	○	○	○	○	○	○	○	D2
Public transit yards, including *accessory* motor fuel pumps	–	–	–	–	–	–	–	● _{P U}	D2
Railroad or transit rights-of-way	● _U	● _U	● _U	● _U	● _U	● _U	● _U	● _U	N/A
Railroad passenger stations	○	○	○	○	○	○	○	○	N/A
Seaplane bases	○	○	○	○	○	○	○	○	N/A
Truck weighing stations	–	–	–	–	–	–	–	–	D2

C. Renewable Energy and Green Infrastructure

USE GROUP IV(C) – RENEWABLE ENERGY AND GREEN INFRASTRUCTURE
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions U = Open use allowances
Uses	C1	C2	C3	C4	C5	C6	C7	C8	PRC
Renewable Energy and Green Infrastructure
*Energy infrastructure equipment*	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _U	N/A
Public bicycle and micromobility parking	● _U	● _U	● _U	● _U	● _U	● _U	● _U	● _U	N/A
Recycling, or organic material, receiving	● _S	● _S	● _S	● _S	● _S	● _S	● _S	● _S	N/A

32-142

Use Group IV – uses subject to size limitations

For uses denoted with an “S” in Section 32-141 (Use Group IV – general use allowances), the following provisions shall apply:

Electric or gas utility substations in C1 or C2 Districts, or C4 through C8 Districts, are limited to a site of not more than 10,000 square feet. However, electric utility substations on a site in excess of 10,000 square feet may be permitted by special permit of the Board of Standards and Appeals, in accordance with Section 73-143 (Electric or gas utility substations) or by special permit of the City Planning Commission, in accordance with Section 74-142 (Electric utility substations).
The following capacity limitations shall apply to docks:
1. In C1 through C3 Districts, docks for ferries shall be limited to an aggregate operational passenger load, per zoning lot, of 150 passengers per half hour except that such limitation on operational passenger load may be modified by authorization by the City Planning Commission in accordance with Section 62-821 (Modification of requirements for ferries and sightseeing, excursion or sport fishing vessels). In C4 through C8 Districts, docks for ferries shall be permitted without restriction on passenger load.
2. Docks for water taxis shall be limited to a vessel capacity up to 99 passengers.
3. Docks for sightseeing, excursion or sport fishing vessels shall be limited to the following aggregate dock capacities per zoning lot, whereby “dock capacity” is the U.S. Coast Guard-certified capacity of the largest vessel using a dock and “aggregate dock capacity” is the sum of the dock capacities of all docks on the zoning lot:
  1. 200 in C1, C2 and C3 Districts;
  2. 500 in C4-1, C4-2, C4-3, C4-4, C8-1, C8-2 and C8-3 Districts; and
  3. 2,500 in C4-4A, C4-5, C4-6, C4-7, C5, C6, C7 and C8-4 Districts.
In all Commercial Districts, recycling, or organic material, receiving, shall be limited to 5,000 square feet per establishment.

32-143

Use Group IV – uses subject to additional conditions

For uses denoted with a “P” in Section 32-141 (Use Group IV – general use allowances), the following provisions shall apply:

For telephone exchanges or other communications equipment structures in C1 or C2 Districts, or C4 through C8 Districts, and not existing on December 15, 1961, the height above curb level 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.
Docks in all Commercial Districts shall be limited to ferries, water taxis, sightseeing, excursion or sport fishing vessels, and non-commercial pleasure boats, except that:
1. In C6 Districts, docks for passenger ocean vessels may be permitted by special permit by the City Planning Commission, in accordance with Section 62-833 (Docks for passenger ocean vessels in C6 Districts).
2. In all Commercial Districts, docks for gambling vessels may be permitted by special permit by the City Planning Commission, in accordance with Section 62-838 (Docks for gambling vessels).
3. In Community District 1 in the Borough of Brooklyn, docks for ferries and water taxis 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).
Public transit yards in C8 Districts shall conform to the performance standards for M1 Districts as set forth in Sections 42-40 (PERFORMANCE STANDARDS) through 42-48 (Performance Standards Regulating Humidity, Heat or Glare), inclusive.
Energy infrastructure equipment in all Commercial Districts, except in C8 Districts, are subject to the screening and enclosure provisions of Section 37-20 (SCREENING AND ENCLOSURE PROVISIONS).

32-144

Use Group IV – uses subject to open use allowances

For uses denoted with a “U” in Section 32-141 (Use Group IV – general use allowances), a use may be open or enclosed without restriction.

32-145

Use Group IV – uses only permitted by special permit

For uses denoted with “○” in Section 32-141 (Use Group IV – general use allowances), the provisions of this Section shall apply.

The following uses may be permitted by special permit of the Board of Standards and Appeals:
1. Radio or television towers may be permitted in all Commercial Districts, in accordance with Section 73-141 (Radio or television towers).
2. Electric utility substations on a site no greater than 40,000 square feet may be permitted in C3 Districts, in accordance with Section 73-143 (Electric or gas utility substations).
3. Public transit or railroad electric substations on a site no greater than 40,000 square feet may be permitted in all Commercial Districts, in accordance with Section 73-146 (Public transit or railroad electric substations).
The following uses may be permitted by special permit of the City Planning Commission:
1. Electric utility substations on a site greater than 40,000 square feet may be permitted in C3 Districts, in accordance with Section 74-142 (Electric utility substations).
2. Sewage disposal plants may be permitted in all Commercial Districts, in accordance with Section 74-143 (Sewage pumping stations and sewage disposal plants).
3. Bus stations may be permitted in C1 or C2 Districts, or C4 through C8 Districts, in accordance with Section 74-145 (Bus stations).
4. Heliports may be permitted in C3 through C8 Districts, in accordance with Section 74-146 (Heliports).
5. Public transit or railroad electric substations on a site greater than 40,000 square feet may be permitted in all Commercial Districts, in accordance with Section 74-147 (Public transit or railroad electric substations).
6. Railroad passenger stations may be permitted in all Commercial Districts, in accordance with Section 74-148 (Railroad passenger stations).
7. Seaplane bases may be permitted in all Commercial Districts, in accordance with Section 74-149 (Seaplane bases).

32-15

Use Group V – Transient Accommodations

†

Use Group V consists of uses for transient occupancy of various types. The provisions regulating uses classified in this Use Group are set forth as follows:

Section 32-151 (Use Group V – general use allowances) which includes the compilation of uses in the Use Group table;
Section 32-152 (Use Group V – uses permitted with limited applicability) for additional limitations on applicability for certain uses, as denoted with a “♦” in the Use Group table;
Section 32-153 (Use Group V – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table;
Section 32-154 (Use Group V – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group table;
Section 32-155 (Use Group V – uses permitted by special permit) for uses permitted by special permit of the Board of Standards and Appeals, as denoted with a “○” in the Use Group table; and
Section 32-156 (Use Group V – additional provisions for parking requirement category) for uses with more than one parking requirement category or other applicable parking provisions, as denoted with an “*” in the Use Group table.

32-151

Use Group V – general use allowances

The following table includes uses classified as Use Group V and sets forth their allowances by Commercial District. Notations found in the table are further described in Section 32-10 (USE ALLOWANCES).

USE GROUP V – TRANSIENT ACCOMMODATIONS
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions U = Open use allowances
Uses	C1	C2	C3	C4	C5	C6	C7	C8	PRC
Transient Accommodations
*Motels*	♦ _P	♦ _P	–	● _P	● _P	● _P	● _P	● _P	F1
Overnight camps	○	○	○	○	○	○	○	● _U	G
*Tourist cabins*	♦ _P	♦ _P	–	● _P	● _P	● _P	● _P	● _P	F1
*Transient hotels*	♦ _P	♦ _P	–	● _P	● _P	● _P	● _P	● _P	*

32-152

Use Group V – uses permitted with limited applicability

For uses denoted with a “♦” in Section 32-151 (Use Group V – general use allowances), the provisions of this Section shall apply. In C1 or C2 Districts that are select commercial overlays, motels, tourist cabins or transient hotels, as permitted pursuant to the provisions of Section 32-153 (Use Group V – uses subject to additional conditions), 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.

32-153

Use Group V – uses subject to additional conditions

For uses denoted with a “P” in Section 32-151 (Use Group V – general use allowances), the provisions of this Section shall apply. For the purposes of this Section, transient hotels shall also include motels, and tourist cabins.

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

Applicability

A special permit for transient hotels, by the City Planning Commission, pursuant to Section 74-152 (In 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.
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:
  1. 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
  2. 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:
  1. 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
  2. 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.
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 74-152 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).
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.

32-154

Use Group V – uses subject to open use allowances

For uses denoted with a “U” in Section 32-151 (Use Group V – general use allowances), a use may be open or enclosed without restriction.

32-155

Use Group V – uses permitted by special permit

For uses denoted with a “○” in Section 32-151 (Use Group V – general use allowances), the provisions of this Section shall apply. In C1 through C7 Districts, overnight camps may only be permitted by special permit of the Board of Standards and Appeals, in accordance with Section 73-151 (Overnight camps).

32-156

Use Group V – additional provisions for parking requirement category

For permitted uses denoted with “*” for parking requirement category (PRC) in Section 32-151 (Use Group V – general use allowances), the provisions of this Section shall apply. For transient hotels, floor area used for sleeping accommodations shall be classified as PRC F2. Floor area used for meeting halls, auditoriums, eating or drinking places, wedding chapels or banquet halls or radio or television studios shall be classified as PRC B1.

32-16

Use Group VI – Retail and Services

†

C1 C2 C3 C4 C5 C6 C7 C8

Use Group VI consists of uses where goods or services are conveyed directly to consumers. The provisions regulating uses classified in this Use Group are set forth as follows:

Section 32-161 (Use Group VI – general use allowances) which includes the compilation of uses in the Use Group tables;
Section 32-162 (Use Group VI – uses subject to size limitations) for size limitations that apply to certain uses, as denoted with an “S” in the Use Group tables;
Section 32-163 (Use Group VI – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group tables;
Section 32-164 (Use Group VI – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group tables;
Section 32-165 (Use Group VI – uses permitted by special permit) for uses permitted by special permit of the Board of Standards and Appeals, as denoted with “○” in the Use Group tables; and
Section 32-166 (Use Group VI – additional provisions for parking requirement category) for uses with more than one parking requirement category or other applicable parking provisions, as denoted with an “*” in the Use Group tables.

The provisions of Sections 32-162, 32-163 and 32-164, except as otherwise specified, may be modified by special permit of the Board of Standards and Appeals, in accordance with Section 73-161 (Retail and service uses), or by special permit of the City Planning Commission, in accordance with Section 74-161 (Retail and service uses).

32-161

Use Group VI – general use allowances

The following tables include uses classified as Use Group VI and sets forth their allowances by Commercial District. Notations found in the tables are further described in Section 32-10 (USE ALLOWANCES).

The following tables are organized by retail trade establishments and general service establishments. Included in the retail trade establishment table, for reference purposes only, are the three-digit subsector categories from the retail trade sector (sectors 44-45) of the 2022 North American Industry Classification System (NAICS). Included in the general service establishments table, for reference purposes only, are the three-digit subsector categories from the relevant transportation and warehousing sector (48-49), information sector (51), finance and insurance sector (52), real estate and rental and leasing sector (53), professional, scientific, and technical services (54), management of companies and enterprises (55), administrative and support and waste management and remediation services sector (56), educational services (61), accommodation and food services sector (72) and other services sector (81) of the 2022 NAICS.

For each use under the three-digit subsector categories in retail and general service establishments, the four-digit industry groups, five-digit NAICS industry or six-digit U.S. detail code is referenced. However, where such four-digit, five-digit or six-digit categories are not referenced after a use, the specified use is not a specific NAICS industry sector category or includes a group of existing categories.

USE GROUP VI – RETAIL TRADE ESTABLISHMENTS
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions U = Open use allowances
Uses (NAICS Code)		C1	C2	C3	C4	C5	C6	C7	C8	PRC
Motor Vehicle and Parts Dealer (441)
Automobile dealers (4411)		–	● _P	–	● _P	● _P	● _P	● _P	● _U	A4
Other motor vehicle dealers (4412)	Boat dealers (441222)	–	● _P	● _{P U}	● _P	● _P	● _P	● _P	● _U	A4
Other motor vehicle dealers (4412)	All other motor vehicle dealers (in 4412)	–	● _P	–	● _P	● _P	● _P	● _P	● _U	A4
Automotive parts, accessories and tire retailers (4413)		●	●	–	●	●	●	●	●	A2
Building Material and Garden Equipment and Supplies Dealer (444)
Building material and supplies dealers (4441)	Lumber yards, retail (in 444180)	–	● _S	–	●	●	●	●	● _U	A3
Building material and supplies dealers (4441)	All other building material and supplies dealers (in 4441)	● _S	● _S	–	●	●	●	●	● _U	A3
Lawn and garden equipment and supplies retailers (4442)		● _U	● _U	–	● _U	● _U	● _U	● _U	● _U	A2
Food and Beverage Retailers (445)
Grocery and convenience retailers (4451)		●	●	–	●	●	●	●	●	*
Specialty food retailers (4452)		●	●	●	●	●	●	●	●	*
Beer, wine and liquor retailers (4453)		●	●	–	●	●	●	●	●	A2
Furniture, Home Furnishings, Electronics, and Appliance Retailers (449)
Furniture and home furnishing retailers (4491)		● _S	● _S	–	●	●	●	●	●	A3
Electronics and appliance retailers (4492)		● _S	● _S	–	●	●	●	●	●	A3
General Merchandise Retailers (455)
Department stores (4551)		● _S	● _S	–	●	●	●	●	●	A2
Warehouse clubs, supercenters, and other general merchandise retailers (4552)		● _S	● _S	–	●	●	●	●	●	A2
Health and Personal Care Retailers (456)
Health and personal care retailers (4561)		●	●	–	●	●	●	●	●	A2
Gasoline Stations and Fuel Dealers (457)
Gasoline stations (4571)	*Automotive service stations*	–	○	–	○	○	○	○	● _{P U}	N/A
	Electric vehicle charging and battery swapping	● _U	● _U	● _U	● _U	● _U	● _U	● _U	● _U	N/A
	Boat fuel sales	–	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _U	A4
Fuel dealers (4572)		–	–	–	–	–	–	–	● _{S P U}	A3
Clothing, Clothing Accessories, Shoe and Jewelry Retailers (458)
Clothing and clothing accessories retailers (4581)		● _S	● _S	–	●	●	●	●	●	A2
Shoe retailers (4582)		●	●	–	●	●	●	●	●	A2
Jewelry, luggage, and leather goods retailers (4583)		●	●	–	●	●	●	●	●	A2
Sporting Goods, Hobby, Musical Instrument, Book and Miscellaneous Retailers (459)
Sporting goods, hobby, and musical instrument retailers (4591)	Sporting goods retailers (45911)	●	●	●	●	●	●	●	●	A2
	All other hobby and musical instrument retailers (in 4591)	●	●	–	●	●	●	●	●	A2
Book retailers and news dealers (4592)	Book retailers	●	●	–	●	●	●	●	●	A2
Book retailers and news dealers (4592)	News dealers	● _U	● _U	–	● _U	● _U	● _U	● _U	● _U	A2
Florists (4593)		● _U	● _U	–	● _U	● _U	● _U	● _U	● _U	A2
Office supplies, stationery, and gift retailers (4594)		●	●	–	●	●	●	●	●	A2
Used merchandise retailers (4595)		●	●	–	●	●	●	●	●	A2
Miscellaneous retailers (4599)		●	●	–	●	●	●	●	●	A2

USE GROUP VI – SERVICE ESTABLISHMENTS
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions U = Open use allowances
Uses (NAICS Code)		C1	C2	C3	C4	C5	C6	C7	C8	PRC
Postal Service (491) / Couriers and Messengers (492)
Postal service (4911)		●	●	–	●	●	●	●	●	G
Couriers and express delivery services (4921)		●	●	–	●	●	●	●	●	A2
Local messengers and local delivery (4922)		●	●	–	●	●	●	●	●	A2
Telecommunications (517)
Wired and wireless telecommunications (5171)		●	●	–	●	●	●	●	●	A2
Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services (518)
Computing infrastructure providers, data processing, web hosting, and related services (5182)		● _S	●	–	●	●	●	●	●	A3
Credit Intermediation and Related Activities (522)
Savings, loan and other financial services (5221, 5222 and 5223)		●	●	–	●	●	●	●	●	A3
Securities, Commodity Contracts, and Other Financial Investments and Related Activities (523)
Securities, commodity contracts, and other financial investments and related activities (5231, 5232 and 5239)		●	●	–	●	●	●	●	●	A3
Insurance Carriers and Related Activities (524)
Insurance carriers and related activities (5241 and 5242)		●	●	–	●	●	●	●	●	A3
Funds, Trusts and Other Financial Vehicles (525)
Funds, trusts and other financial vehicles (5251 and 5259)		●	●	–	●	●	●	●	●	A3
Real Estate (531)
Real estate (5311, 5312, and 5313)		●	●	–	●	●	●	●	●	A3
Rental and Leasing Services (532)
Automotive equipment rental and leasing (5321)		● _S	●	–	●	●	●	●	● _U	N/A
Consumer goods rental (5322)	Consumer electronics and appliances rental (53221)	● _S	● _S	–	●	●	●	●	●	A3
	Recreational goods rental (532284)	● _S	● _S	● _U	●	●	●	●	● _U	A3
	All other consumer goods rental (in 5322)	● _S	● _S	–	●	●	●	●	●	A3
General rental centers (5323)		● _S	● _S	–	●	●	●	●	●	A3
Commercial and industrial machinery and equipment rental and leasing (5324)		● _S	● _S	–	●	●	●	●	● _U	A3
Professional, Scientific, and Technical Services (541)
Veterinary services (54194)		● _P	● _P	–	● _P	● _P	● _P	● _P	● _P	A3
All other professional, scientific, and technical services (in 541)		●	●	–	●	●	●	●	●	A3
Management of Companies and Enterprises (551)
Management of companies and enterprises (5511)		●	●	–	●	●	●	●	●	A3
Administrative and Support Services (561)
Travel and reservation services (5615)		●	●	–	●	●	●	●	●	A3
Services to buildings and dwellings (5617)	Carpet and upholstery cleaning services (56174)	–	–	–	–	–	–	–	● _P	D1
Services to buildings and dwellings (5617)	All other services to buildings and dwellings (in 5617)	●	●	–	●	●	●	●	●	A3
All other administrative and support services (in 561)		●	●	–	●	●	●	●	●	A3
Educational Services (611)
Business schools and computer and management training (6114)		●	●	–	●	●	●	●	●	A3
Technical and trade schools (6115)		● _P	● _P	–	● _P	● _P	● _P	● _P	● _P	A3
All other schools and instruction (6116 and 6117)		●	●	–	●	●	●	●	●	A3
Food Services and Drinking Places (722)
Special food services (7223)		● _S	●	●	●	●	●	●	●	A3
Eating or drinking establishments (7224 and 7225)		● _{S U}	● _{S U}	● _{S U}	● _{P U}	● _{P U}	● _{P U}	● _U	● _U	*
Repair and Maintenance (811)
Automotive repair and maintenance (8111)	*Heavy motor vehicle repair and maintenance shops*	–	–	–	–	–	–	–	● _P	A4
	*Light motor vehicle repair and maintenance shops*	–	○	–	○	○	○	○	● _P	A3
	Car washes (811192)	–	–	–	–	–	–	–	● _P	N/A
Electronic and precision equipment repair and maintenance (8112)		● _S	●	–	●	●	●	●	●	A3
Commercial and industrial machinery and equipment repair and maintenance (8113)		–	–	–	–	–	–	–	● _P	A3
Personal and household goods repair and maintenance (8114)	Bicycle repair	●	●	●	●	●	●	●	●	A3
	Recreational boat repair	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	A4
	Home and garden equipment and appliance repair and maintenance (81141)	–	–	–	–	–	–	–	● _P	A3
	All other personal and household goods repair and maintenance (in 8114)	●	●	–	●	●	●	●	●	A3
Personal and Laundry Services (812)
Personal care services (8121)	*Health and fitness establishments*	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _U	A2
Personal care services (8121)	All other personal care services (in 8121)	●	●	–	●	●	●	●	●	A2
Death care services (8122)	Funeral homes and funeral services (81221)	●	●	–	●	●	●	●	●	G
Death care services (8122)	Crematoriums	–	–	–	–	–	–	–	● _P	A4
Dry cleaning and laundry services (8123)	Personal laundry services	●	●	–	●	●	●	●	●	A2
	Personal dry cleaning services	● _{S P}	● _{S P}	–	● _{S P}	● _{S P}	● _{S P}	● _{S P}	● _P	A2
	Industrial dry cleaning and laundry services	–	–	–	–	–	–	–	● _P	D1
Other personal services (8129)	Pet care services (81291)	● _P	● _P	–	● _P	● _P	● _P	● _P	●	A2
Other personal services (8129)	All other personal services (in 8129)	●	●	–	●	●	●	●	●	A3

32-162

Use Group VI - uses subject to size limitations

For uses denoted with an “S” in Section 32-161 (Use Group VI – general use allowances), a limit of 10,000 square feet of floor area per establishment shall apply except that:

fuel dealers in C8 Districts shall be limited to 5,000 square feet of floor area per establishment;
eating or drinking establishments in C1 through C3 Districts, where such establishment provides entertainment with a cover charge or specified showtime, or includes a dance floor, shall be limited to a capacity of 200 persons or fewer. However, an establishment with a capacity of more than 200 persons may be permitted by special permit of the Board of Standards and Appeals, in accordance with Section 73-162 (Eating or drinking establishments);
computing infrastructure providers, data processing, web hosting, and related services in C1 Districts that are select commercial overlays, shall be limited to 3,000 square feet of floor area per establishment;
automotive equipment rental and leasing, general rental centers or commercial and industrial machinery and equipment rental and leasing in C1 Districts that are select commercial overlays, shall be limited to 3,000 square feet of floor area per establishment and in C1 Districts that are not select commercial overlays, shall be limited to 10,000 square feet per establishment;
special food services in C1 Districts that are select commercial overlays, shall be limited to 3,000 square feet of floor area per establishment;
electronic and precision equipment repair and maintenance in C1 Districts that are select commercial overlays, shall be limited to 3,000 square feet of floor area per establishment; and
personal dry cleaning services in C1 or C2 Districts, or C4 through C7 Districts, shall be limited to 2,500 square feet of floor area per establishment.

32-163

Use Group VI – uses subject to additional conditions

For uses denoted with a “P” in Section 32-161 (Use Group VI – general use allowances), the following conditions shall apply:

Service Limitations
1. Automobile dealers and all other motor vehicle dealers in C2 Districts, or C4 through C7 Districts, shall not include repair services or preparation of vehicles for delivery.
2. The following provisions shall apply to boat dealers and recreational boat repair services:
  1. In C2 through C7 Districts, boat dealers shall be restricted to boats less than 100 feet in length. Additionally, in C2 Districts, or C4 through C7 Districts, such establishment shall not include repair services or preparation of vehicles for delivery.
  2. In all Commercial Districts, recreational boat repair services shall be restricted to boats less than 100 feet in length.
3. Veterinary service or pet care service establishments in C1 or C2 Districts, or C4 through C7 Districts, shall not include overnight boarding or accommodations.
Location and Other Building Requirements
1. Boat fuel sales establishments in C2 through C7 District shall be restricted to location within 10 feet of a boat dock berth.
2. For veterinary services in C1 or C2 Districts, or C4 through C7 Districts, where such building contains a residential use, no access shall be from an entrance serving the residential portion.
3. Eating or drinking establishments in C4 through C6 Districts, where such establishment provides entertainment with a cover charge or specified showtime, or includes a dance floor, and a capacity of more than 200 persons, except those that are located within hotels, shall be subject to the following conditions:
  1. 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 of the Board of Standards and Appeals, in accordance with Section 73-162 (Eating or drinking establishments);
  2. In C5-1, C5-2, C6-1, C6-2, C6-3 or C6-4 Districts, the entrance to such establishment shall be a minimum of 100 feet from the nearest Residence District boundary;
  3. 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 providing entertainment with cover charge or specified showtime and a capacity of more than 200 persons are permitted only by special permit of the Board of Standards and Appeals, in accordance with Section 73-162; and
  4. In C4, C5-1, C5-2, C6-1, C6-2, C6-3 or 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 area shall be in an enclosed lobby and shall not include space occupied by stairs, corridors or restrooms.
4. For car washes in C8 Districts, reservoir space for not less than 10 automobiles per washing lane shall be provided on the zoning lot.
Environmental Conditions
1. Technical and trade schools in C1 or C2 Districts, or C4 through C7 Districts, shall be limited to establishments 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.
2. For health and fitness establishments in C1 through C7 Districts, high-intensity uses, as listed in the definition of health and fitness establishments, shall be located within completely enclosed buildings. Where such high-intensity use is located in a building containing any residential, community facility, or commercial use, such use shall be required to have an acoustical engineer 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.
3. Personal dry cleaning services in C1 or C2 Districts, or C4 through C7 Districts, shall be limited to solvents with a flash point of not less than 138.2 degrees Fahrenheit, and total aggregate dry load capacity of machines shall not exceed 60 pounds.
4. The following uses in C8 Districts shall conform to the performance standards for M1 Districts as set forth in Sections 42-40 (PERFORMANCE STANDARDS) through 42-48 (Performance Standards Regulating Humidity, Heat or Glare), inclusive:
  
  Automotive service stations
  
  Car wash
  
  Carpet upholstery cleaning services
  
  Commercial and industrial machinery and equipment repair and maintenance
  
  Crematorium
  
  Fuel dealers
  
  Heavy motor vehicle repair and maintenance shops
  
  Home and garden equipment and appliance repair and maintenance
  
  Industrial dry cleaning and laundry services
  
  Light motor vehicle repair and maintenance shops
  
  Personal dry cleaning services
  
  Technical and trade school
  
  Veterinary services.

32-164

Use Group VI – uses subject to open use allowances

For uses denoted with a “U” in Section 32-161 (Use Group VI – general use allowances), a use may be open or enclosed without restriction except that:

for the following uses in C8 Districts, the maximum open area on a zoning lot allocated to such use shall not exceed 5,000 square feet:

Automotive equipment rental and leasing;

Building material and supplies dealers;

Commercial and industrial machinery and equipment rental and leasing; and

Recreational goods rental;
boat dealers in C3 Districts may be conducted outside a completely enclosed building only if located at a distance greater than 100 feet from a Residence District boundary;
for lawn and garden equipment and supplies retailers or florists in C1 or C2 Districts, or C4 through C6 Districts, the maximum open area on a zoning lot allocated to such use shall not exceed 5,000 square feet. In C7 or C8 Districts, such use may be open or enclosed without restriction;
for eating or drinking establishments, such open use shall be limited to outdoor table service;
recreational boat repair in all Commercial Districts may be conducted outside a completely enclosed building only if located at a distance greater than 100 feet from a Residence District boundary; and
health and fitness establishments in all Commercial Districts may be unenclosed except in C1 through C7 Districts, high-intensity uses, as listed in the definition of health and fitness establishments, shall be located within completely enclosed buildings.

32-165

Use Group VI - uses permitted by special permit

For uses denoted with “○” in Section 32-161 (Use Group VI – general use allowances), the following provisions shall apply:

Automotive service stations may be permitted in C2 Districts, and C4 through C7 Districts by special permit of the Board of Standards and Appeals, in accordance with Section 73-163 (Automotive service stations).
Light motor vehicle repair and maintenance shops may be permitted in C2 Districts, and C4 through C7 Districts by special permit of the Board of Standards and Appeals, in accordance with Section 73-164 (Light motor vehicle repair and maintenance shops).

However, notwithstanding the above, light motor vehicle repair and maintenance shops existing prior to June 6, 2024, shall be considered a conforming use and thereafter may be continued, structurally altered, extended or enlarged subject to the applicable bulk regulations for the district. However, in no event shall the additional floor area associated with an enlarged or extended portion exceed 50 percent of the floor area of such light motor vehicle repair and maintenance shop as it existed on June 6, 2024.

32-166

Use Group VI – additional provisions for parking requirement category

For permitted uses denoted with “*” for parking requirement category (PRC) in Section 32-161 (Use Group VI – general use allowances), the following provisions shall apply:

Grocery and convenience retailers or specialty food retailers with 2,500 square feet or more of floor area per establishment shall be classified as PRC A1. Such retailers with less than 2,500 square feet of floor area shall be classified as PRC A2.
Eating or drinking establishments, where such establishment provides entertainment with a cover charge or specified showtime, or includes a dance floor, and has a capacity of 200 persons or fewer, shall be classified as PRC A2. Such establishments with a capacity of more than 200 persons shall be classified as PRC B1.

32-17

Use Group VII – Offices and Laboratories

†

C1 C2 C3 C4 C5 C6 C7 C8

Use Group VII consists of uses that provide administrative and research workspaces for business, professional or governmental purposes. The provisions regulating uses classified in this Use Group, are set forth as follows:

Section 32-171 (Use Group VII – general use allowances) which includes the compilation of uses in the Use Group table;
Section 32-172 (Use Group VII – use permitted with limited applicability) for additional limitations on applicability for certain uses, as denoted with a “♦” in the Use Group table; and
Section 32-173 (Use Group VII – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table.

32-171

Use Group VII – general use allowances

The following table includes uses classified as Use Group VII and sets forth their allowances by Commercial District. Notations found in the table are further described in Section 32-10 (USE ALLOWANCES).

USE GROUP VII – OFFICES AND LABORATORIES
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions U = Open use allowances
Uses	C1	C2	C3	C4	C5	C6	C7	C8	PRC
Laboratories
Laboratories	♦ _P	● _P	–	● _P	● _P	● _P	● _P	● _P	A3
Offices
Offices, business, professional including ambulatory diagnostic or treatment health care, or governmental	●	●	–	●	●	●	●	●	A3

32-172

Use Group VII – uses permitted with limited applicability

For uses denoted with a “♦” in Section 32-171 (Use Group VII – general use allowances), the provisions of this Section shall apply.

In C1 Districts outside of the Borough of Manhattan that are select commercial overlays, laboratories shall not be permitted.

32-173

Use Group VII – uses subject to additional conditions

For uses denoted with a “P” in Section 32-171 (Use Group VII – general use allowances), the provisions of this Section shall apply. In C1 or C2 Districts, as well as in C4 through C8 District, laboratories shall be limited to those that comply with the standards set forth in Section 427 of the New York City Building Code, or its successor. However, other laboratories may be permitted by special permit of the City Planning Commission, as set forth in Section 74-171 (Laboratories).

32-18

Use Group VIII – Recreation, Entertainment and Assembly Spaces

C1 C2 C3 C4 C5 C6 C7 C8

Use Group VIII consists of uses that provide recreation and entertainment opportunities, as well as other places of assembly. The provisions regulating uses classified in this Use Group are set forth as follows:

Section 32-181 (Use Group VIII – general use allowances) which includes the compilation of uses in the Use Group table;
Section 32-182 (Use Group VIII – uses subject to size restrictions) for size restrictions that apply to certain uses, as denoted with an “S” in the Use Group table;
Section 32-183 (Use Group VIII – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table;
Section 32-184 (Use Group VIII – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group table;
Section 32-185 (Use Group VIII – uses permitted by special permit) for uses permitted by special permit of the Board of Standards and Appeals or the City Planning Commission, as denoted with “○” in the Use Group table; and
Section 32-186 (Use Group VIII – additional provisions for parking requirement category) for uses with more than one parking requirement category or other applicable parking provisions, as denoted with “*” in the Use Group table.

The provisions of Sections 32-182, 32-183 and 32-184, except as otherwise specified, may be modified by special permit of the Board of Standards and Appeals, in accordance with Section 73-181 (Recreation, entertainment and assembly space uses), or by special permit of the City Planning Commission, in accordance with Section 74-181 (Recreation, entertainment and assembly space uses).

32-181

Use Group VIII – general use allowances

The following table includes uses classified as Use Group VIII and sets forth their allowances by Commercial District. Notations found in the table are further described in Section 32-10 (USE ALLOWANCES).

USE GROUP VIII – RECREATION, ENTERTAINMENT AND ASSEMBLY SPACES
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions U = Open use allowances
Uses	C1	C2	C3	C4	C5	C6	C7	C8	PRC
Amusement and Recreation Facilities
*Amusement or recreation facilities*	● _{S P}	● _{S P}	○	●	●	●	● _U	● _U	*
*Select entertainment facilities*	● _S	● _S	○	●	●	●	● _U	● _U	*
*Outdoor amusement parks*	–	–	–	–	–	–	● _{S U}	● _{S U}	C
Art Galleries and Studios
Art galleries	●	●	–	●	●	●	●	●	A2
Art, music, dancing or theatrical studios	●	●	–	●	●	●	●	●	A2
Production or entertainment studios	● _S	● _S	–	●	●	●	●	●	B1
Entertainment and Sporting Venues
Arenas or auditoriums	–	–	–	● _S	● _S	● _S	● _S	● _S	B1
Drive-in theaters	–	–	–	–	–	–	○	○	N/A
Racetracks	–	–	–	–	–	–	–	○	B1
Stadiums	–	–	–	● _{S U}	● _{S U}	● _{S U}	● _{S U}	● _{S U}	B1
Theaters	● _P	● _P	–	● _P	● _P	● _P	●	● _P	B1
Other Assembly Spaces
Banquet, function or reception halls	●	●	–	●	●	●	●	●	B1
Gaming facilities	–	–	–	● _P	● _P	● _P	● _P	● _P	B1
Historical exhibits	●	●	–	●	●	●	●	●	B1
Meeting halls	●	●	–	●	●	●	●	●	B1
Non-commercial clubs	●	●	●	●	●	●	●	●	B1
Observation decks	● _U	● _U	–	● _U	● _U	● _U	● _U	● _U	B1
Outdoor day camps	○	○	○	○	○	○	○	● _U	G
Publicly accessible spaces	● _U	● _U	–	● _U	● _U	● _U	● _U	● _U	N/A
Riding academies or stables	○	○	○	○	○	○	○	● _{P U}	A4
Trade expositions	–	–	–	● _S	● _S	● _S	● _S	● _S	B1

32-182

Use Group VIII – uses subject to size limitations

For uses denoted with an “S” in Section 32-181 (Use Group VIII – general use allowances), the specific size limitations shall be as follows:

Amusement or recreation facilities in C1 Districts that are select commercial overlays shall be limited to 3,000 square feet of floor area per establishment, in C1-5, C2-1, C2-2 and C2-3 Districts shall be limited to 5,000 square feet per establishment, and in other C1 or C2 Districts shall be limited to 10,000 square feet of floor area per establishment;
Select entertainment facilities in C1 Districts that are select commercial overlays shall be limited to 3,000 square feet of floor area per establishment and in other C1 Districts and in C2 Districts shall be limited to 10,000 square feet of floor area per establishment;
Production or entertainment studios in C1 or C2 Districts are limited to 10,000 square feet of floor area per establishment.
Outdoor amusement parks in C7 or C8 Districts are limited to 10,000 square feet of lot area, except as permitted by special permit by the Board of Standards and Appeals, in accordance with Section 73-183 (Outdoor Amusement Parks).
Arenas, auditoriums or stadiums in C4 through C8 Districts are limited to a maximum capacity of 2,500 seats and trade expositions are limited to a rated capacity for not more than 2,500 persons, as determined by the Commissioner of Buildings. Such facilities may exceed a capacity of 2,500 seats or 2,500 persons by special permit of the City Planning Commission, in accordance with Section 74-182 (Arenas, auditoriums, stadiums or trade expositions).

32-183

Use Group VIII – uses subject to additional conditions

For uses denoted with a “P” in Section 32-181 (Use Group VIII – general use allowances), the following provisions shall apply:

Amusement or recreation facilities located in mixed buildings in C1 or C2 Districts that are select commercial overlays shall be subject to the provisions of Section 42-41 (Performance Standards Regulations), inclusive, for an M1 District adjoining a Residence District;
Gaming facilities shall be limited to those for which an application was submitted to the New York State Gaming Commission to develop and operate a gaming facility before June 30, 2025 pursuant to Section 1306 of the Racing, Pari-Mutuel Wagering and Breeding Law, as such law existed on December 5, 2023, and operating under a gaming license issued by the Gaming Commission. No other gaming facilities shall be permitted.

Gaming facilities may include gaming area and any other non-gaming uses related to the gaming areas including, but not limited to, transient hotels, eating or drinking establishments, as well as other amenities.

Gaming facilities, as approved by the Gaming Commission at the time of their initial licensure, shall be deemed to have satisfied all other applicable regulations of this Resolution.
Motion picture theaters, in a new or existing building in C1 or C2 Districts that are not select commercial overlays, C4-5, C4-6, C4-7, C5, C6 and C8-4 Districts, shall provide a minimum of four square feet of waiting area within the zoning lot for each seat in such theater in order to prevent obstruction of street areas. 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.
Riding academies or stables in C8 Districts shall conform to the performance standards for M1 Districts as set forth in Section 42-40 (PERFORMANCE STANDARDS) through 42-48 (Performance Standards Regulating Humidity, Heat or Glare), inclusive.

32-184

Use Group VIII – uses subject to open use allowances

For uses denoted with a “U” in Section 32-181 (Use Group VIII – general use allowances), a use may be open or enclosed without restriction except that stables in C8 Districts shall be enclosed.

32-185

Use Group VIII – uses permitted by special permit

For uses denoted with “○” in Section 32-181 (Use Group VIII – general use allowances), the provisions of this Section shall apply.

The following uses may be permitted by special permit of the Board of Standards and Appeals:
1. Waterfront-oriented amusement or recreation facilities may be permitted in C3 Districts by special permit of the Board of Standards and Appeals, in accordance with Section 73- 182 (Outdoor Recreation and Amusement Facilities).
2. Outdoor day camps may be permitted in C1 through C7 Districts by special permit of the Board of Standards and Appeals, in accordance with Section 73-184 (Outdoor day camps).
3. Riding academies or stables may be permitted in C1 through C7 Districts, by special permit of the Board of Standards and Appeals in accordance with Section 73-185 (Riding academies or stables).
The following uses may be permitted by special permit of the City Planning Commission:
1. Drive-in theaters may be permitted in C7 or C8 Districts by special permit of the City Planning Commission, in accordance with Section 74-183 (Drive-in theaters).
2. Racetracks may be permitted in C8 Districts by special permit of the City Planning Commission, in accordance with Section 74-184 (Racetracks).

32-186

Use Group VIII – additional provisions for parking requirement category

For permitted uses denoted with “*” for parking requirement category (PRC) in Section 32-181 (Use Group VIII – general use allowances), the following provisions shall apply. Amusement or recreation facilities or select entertainment facilities that are enclosed shall be classified as PRC B1. Such uses that are unenclosed shall be classified as PRC C.

32-19

Use Group IX – Storage

C1 C2 C3 C4 C5 C6 C7 C8

Use Group IX consists of uses that provide storage for materials, goods, and vehicles. The provisions regulating uses classified in this Use Group are set forth as follows:

Section 32-191 (Use Group IX – general use allowances) which includes the compilation of uses in the Use Group tables;
Section 32-192 (Use Group IX – uses permitted with limited applicability) for additional limitations on applicability for certain uses, as denoted with “♦” in the Use Group tables;
Section 32-193 (Use Group IX – uses subject to size limitations) for size restrictions that apply to certain uses, as denoted with an “S” in the Use Group tables;
Section 32-194 (Use Group IX – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group tables;
Section 32-195 (Use Group IX – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group tables;
Section 32-196 (Use Group IX – uses permitted by special permit) for uses permitted by special permit of the City Planning Commission, as denoted with “○” in the Use Group tables; and
Section 32-197 (Use Group IX – additional provisions for parking requirement category) for uses with more than one parking requirement category or other applicable parking provisions, as denoted with “*” in the Use Group tables.

32-191

Use Group IX – general use allowances

The following table includes uses classified as Use Group IX and sets forth their allowances by Commercial District. Such uses are categorized as general storage, specialized storage, or vehicle storage, as provided in paragraphs A, B and C of this Section. Notations found in the table are further described in Section 32-10 (USE ALLOWANCES).

A. General Storage

USE GROUP IX(A) – GENERAL STORAGE
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions U = Open use allowances
Uses	C1	C2	C3	C4	C5	C6	C7	C8	PRC
General Storage
Building materials or contractors’ yard	–	–	–	–	–	–	–	● _{S U}	D2
Depositories for storage of office records, microfilm or computer tapes, or for data processing	–	–	–	● _S	● _S	● _S	● _S	●	D2
Micro-distribution facility	♦ _S	♦ _S	–	● _S	● _S	● _S	● _S	–	D2
Moving or storage offices	–	–	–	–	–	–	–	●	D2
*Self-service storage facility*	–	–	–	–	–	–	–	●	D2
Trucking terminals or motor freight stations	–	–	–	–	–	–	–	● _{S U}	D2
Warehouses	–	–	–	–	–	–	–	●	D2
Wholesale establishments	● _{S P}	● _{S P}	–	● _{S P}	● _{S P}	● _{S P}	● _{S P}	● _P	*

B. Specialized Storage

USE GROUP IX(B) – SPECIALIZED STORAGE
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions U = Open use allowances
Uses	C1	C2	C3	C4	C5	C6	C7	C8	PRC
Specialized Storage
Coal or gas storage	–	–	–	–	–	–	–	–	D2
Explosives storage, when not prohibited by other ordinances	–	–	–	–	–	–	–	–	D2
Grain storage	–	–	–	–	–	–	–	–	D2
Junk or salvage yards, including auto wrecking or similar establishments	–	–	–	–	–	–	–	–	D2
Lumber yard	–	–	–	–	–	–	–	–	D2
Manure, peat or topsoil storage	–	–	–	–	–	–	–	–	D2
Petroleum or petroleum products, storage or handling	–	–	–	–	–	–	–	–	D2
Refrigerating plants	–	–	–	–	–	–	–	–	D2
Scrap metal, junk, paper or rags storage, sorting, or baling	–	–	–	–	–	–	–	–	D2

C. Vehicle Storage

USE GROUP IX(C) – VEHICLE STORAGE
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions U = Open use allowances
Uses	C1	C2	C3	C4	C5	C6	C7	C8	PRC
Vehicle Storage
Boat storage	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	● _{P U}	A4
Commercial or public vehicle storage, including *accessory* motor fuel pumps	–	–	–	–	–	–	–	● _U	D2
Dead storage of motor vehicles	–	–	–	–	–	–	–	● _U	N/A
*Public parking garages* or *public parking lots*	♦ _{P U}	♦ _{P U}	–	♦ _{P U}	♦ _{P U}	♦ _{P U}	♦ _{P U}	♦ _{P U}	N/A

32-192

Use Group IX – uses permitted with limited applicability

For uses denoted with “♦” in Section 32-191 (Use Group IX – general use allowances), the provisions of this Section shall apply.

In C1 or C2 Districts located outside of the Borough of Manhattan that are select commercial overlays, micro-distribution facilities shall not be permitted as-of-right. The Board of Standards and Appeals may permit micro-distribution facilities with a size limit of 5,000 square feet of floor area per establishment pursuant to Section 73-191 (Micro-distribution facilities).
For public parking garages and public parking lots the following provisions shall apply:
1. In the Manhattan Core, such 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;
2. In C1 or C2 Districts that are select commercial overlays, C4-1, C4-2, C4-3, C4-4, C4-5D, C7 outside the Expanded Transit Zone, C8-1, C8-2, C8-3, M1-1, M1-2, M1-3, M2-1, M2-2 or M3-1 Districts, public parking garages and public parking lots with a capacity of up to 150 spaces are permitted. The City Planning Commission may permit public parking garages or public parking lots with more than 150 spaces pursuant to Section 74-194 (Public parking garages or public parking lots outside high density areas); and
3. In C1 or C2 Districts that are not select commercial overlays, C4-5, C4-5A, C4-5X, C4-6, C4-7, C5, C6, C7 inside the Expanded Transit Zone, C8-4, M1-4, M1-5, M1-6, M2-3, M2-4 or M3-2 Districts, public parking garages are not permitted as-of-right, and public parking lots with a capacity of up to 150 spaces are permitted. The City Planning Commission may permit public parking garages with any capacity or public parking lots with more than 150 spaces pursuant to Section 74-195 (Public parking garages or public parking lots in high density central areas).

32-193

Use Group IX – uses subject to size limitations

For uses denoted with an “S” in Section 32-191 (Use Group IX – general use allowances), the following provisions shall apply:

Building materials or contractors’ yards in C8 Districts shall be limited to 10,000 square feet of lot area per establishment.
Depositories for storage of office records, microfilm or computer tapes, or for data processing, in C4 through C7 Districts, shall be limited to 5,000 square feet of floor area per establishment on the ground floor, and without limitation above the ground floor.
For micro-distribution facilities, the following size limitations shall apply:
1. In C1 or C2 Districts, such use shall be limited to 2,500 square feet of floor area per establishment.
2. In C4 through C7 Districts, such use shall be limited to 5,000 square feet of floor area per establishment on the ground floor and 10,000 square feet above the ground floor.

However, such size limit shall not apply to floor area allocated to the parking of commercial vehicles associated with such micro-distribution facilities in an accessory off-street parking facility or public parking garage on the same zoning lot utilizing the provisions of Section 36-46 (Restrictions on Use of Accessory Parking Spaces and Spaces in Public Parking Garages), provided that such parking areas are not used for storage.

Such size limit may be modified by special permit of the Board of Standards and Appeals, in accordance with Section 73-191 (Micro-distribution facilities), or by special permit of the City Planning Commission, in accordance with Section 74-191 (Micro-distribution facilities).

Trucking terminals or motor freight stations in C8 Districts are limited to 20,000 square feet of lot area per establishment, except that establishments with a lot area in excess of 20,000 square feet may be permitted by special permit by the City Planning Commission pursuant to Section 74-193 (Trucking terminals or motor freight stations).
For wholesale establishments, the following size limitations shall apply:
1. In C1 or C2 Districts, such use shall be limited to 2,500 square feet of floor area per establishment.
2. In C4 through C7 Districts, such use shall be limited to 5,000 square feet of floor area per establishment except that such limitation shall not apply to establishments above the ground floor where storage is restricted to samples.

32-194

Use Group IX – uses subject to additional conditions

For uses denoted with a “P” in Section 32-191 (Use Group IX – general use allowances), the following provisions shall apply:

Wholesale establishment in C1 or C2 Districts, or C4 through C8 Districts, shall not include produce or meat markets.
Boat storage in all Commercial Districts shall be restricted to boats less than 100 feet in length.
Public parking garages and public parking lots in all applicable districts, shall be subject to the provisions set forth in Section 36-029 (Applicability of regulations to public parking garages and public parking lots).

32-195

Use Group IX – uses subject to open use allowances

For uses denoted with a “U” in Section 32-191 (Use Group IX – general use allowances), a use may be open or enclosed without restriction except that:

boat storage in all Commercial Districts may be conducted outside a completely enclosed building only if located at a distance greater than 100 feet from a Residence District boundary;
building materials or contractors’ yards in C8 Districts may be open or enclosed provided that not more than 5,000 square feet of such lot area is used for open storage; and
public parking garages, in all applicable districts, 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.

32-196

Use Group IX – uses permitted by special permit

For uses denoted with “○” in Section 32-191 (Use Group IX – general use allowances), the provisions of this Section shall apply. Public parking garages may be permitted in C5 or C6 Districts by special permit by the City Planning Commission in accordance with Section 74-195 (Public parking garages or public parking lots in high density central areas). 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.

32-197

Use Group IX – additional provisions for parking requirement category

For permitted uses denoted with “*” for parking requirement category (PRC) in Section 32-191 (Use Group IX – general use allowances), the provisions of this Section shall apply. Wholesale establishments in C1 or C2 Districts, or C4 through C7 Districts, shall be classified as PRC A3. In C8 Districts, such use shall be classified as PRC A4.

32-20

Use Group X – Production Uses

C1 C2 C3 C4 C5 C6 C7 C8

Use Group X consists of uses engaged in the mechanical, physical, or chemical transformation of materials into new goods. The provisions regulating uses classified in this Use Group are set forth as follows:

Section 32-201 (Use Group X – general use allowances) which includes the compilation of uses in the Use Group table;
Section 32-202 (Use Group X – uses subject to size limitations) for size restrictions that apply to certain uses, as denoted with an “S” in the Use Group table;
Section 32-203 (Use Group X – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table; and
Section 32-204 (Use Group X – additional provisions for parking requirement category) for uses with more than one parking requirement category or other applicable parking provisions, as denoted with “*” in the Use Group table.

The provisions of Sections 32-202 and 32-203, except as otherwise specified in such Sections, may be modified by special permit of the Board of Standards and Appeals, in accordance with Section 73-211 (Production uses), or by special permit of the City Planning Commission, in accordance with Section 74-211 (Production uses).

32-201

Use Group X - general use allowances

The following table includes uses classified as Use Group X and sets forth their allowances by Commercial District. Notations found in the table are further described in Section 32-10 (USE ALLOWANCES).

Included in the use table, for reference purposes only, are the three-digit subsector categories from the manufacturing sector (sectors 31-33) of the 2022 North American Industry Classification System (NAICS). For each use under the three-digit subsector categories in manufacturing, the four-digit industry group, five-digit NAICS industry or six-digit U.S. detail code is referenced. However, where such four-digit, five-digit or six-digit categories are not referenced after a use, the specified use is not a specific NAICS industry sector category or includes a group of existing categories.

USE GROUP X – PRODUCTION

● = Permitted ♦ = Permitted with limitations ○ = Special permit required
– = Not permitted
S = Size restriction P = Additional conditions U = Open use allowances

Uses (NAICS Code)

PRC

Food Manufacturing (311)

Animal food manufacturing (3111)

–

Sugar and confectionary product manufacturing (3113)

Sugar manufacturing (31131)

–

All other sugar and confectionary product manufacturing (in 3113)

●
_{S P}

–

●
_{S P}

●
_P

Animal slaughtering and processing (3116)

–

Seafood product preparation and packaging (3117)

–

All other food manufacturing (in 311)

●
_{S P}

–

●
_{S P}

●
_P

Beverage and Tobacco Product Manufacturing (312)

Beverage manufacturing (3121)

Distilleries (31214)

–

All other beverage manufacturing (in 3121)

●
_{S P}

–

●
_{S P}

●
_P

Tobacco manufacturing (3122)

●
_{S P}

–

●
_{S P}

●
_P

Textile & Textile Product Mills (313 - 314)

Textile mills (313)

●
_{S P}

–

●
_{S P}

●
_P

Textile product mills (314)

●
_{S P}

–

●
_{S P}

●
_P

Apparel Manufacturing (315)

Apparel manufacturing (315)

●
_{S P}

–

●
_{S P}

●
_P

Leather and Allied Product Manufacturing (316)

Leather and hide tanning and finishing (3161)

–

Footwear manufacturing (3162)

●
_{S P}

–

●
_{S P}

●
_P

Other leather and allied product manufacturing (3169)

●
_{S P}

–

●
_{S P}

●
_P

Wood Product Manufacturing (321)

Sawmills and wood preservation (3211)

–

Veneer, plywood, and engineered wood product manufacturing
(3212)

–

Other wood product manufacturing (3219)

●
_{S P}

–

●
_{S P}

●
_P

Paper Manufacturing (322)

Pulp, paper, and paperboard mills (3221)

–

Converted paper product manufacturing (3222)

Stationery product manufacturing (32223)

●
_{S P}

–

●
_{S P}

●
_P

All other converted paper product manufacturing (in 3222)

–

●
_{S P}

–

●
_{S P}

●
_P

Printing and Related Support Activities (323)

Printing and related support activities (3231)

●
_{S P}

–

●
_{S P}

●
_P

Petroleum and Coal Products Manufacturing (324)

Petroleum and coal products manufacturing (3241)

–

Chemical Manufacturing (325)

Pharmaceutical and medicine manufacturing (3254)

–

●
_{S P}

–

●
_{S P}

●
_P

Soap, cleaning compound, and toilet preparation manufacturing
(3256)

Soap and other detergent manufacturing (325611)

●
_{S P}

–

●
_{S P}

●
_P

All other soap, cleaning compound and toilet preparation manufacturing (in 3256)

–

●
_{S P}

–

●
_{S P}

●
_P

All other chemical manufacturing (in 325)

–

Plastics and Rubber Products Manufacturing (326)

Plastics and rubber products manufacturing (326)

–

Nonmetallic Mineral Product Manufacturing (327)

Clay product and refractory manufacturing (3271)

Clay building material and refractories manufacturing (32712)

–

All other clay product and refractory manufacturing (in 3271)

●
_{S P}

–

●
_{S P}

●
_P

Glass and glass product manufacturing (3272)

Flat glass manufacturing (327211)

–

Other pressed and blown glass and glassware manufacturing (327212)

–

All other glass and glass product manufacturing (in 3272)

●
_{S P}

–

●
_{S P}

●
_P

All other nonmetallic mineral product manufacturing
(in 327)

–

Primary Metal Manufacturing and Fabricated Metal Product Manufacturing (331 - 332)

Primary metal manufacturing (331)

–

Fabricated metal product manufacturing (332)

Cutlery and Handtool manufacturing (3322)

●
_{S P}

–

●
_{S P}

●
_P

All other fabricated metal product manufacturing (in 332)

–

●
_{S P}

–

●
_{S P}

●
_P

Machinery Manufacturing (333)

Agriculture, construction, and mining machinery manufacturing (3331)

–

All other machinery manufacturing (in 333)

–

●
_{S P}

–

●
_{S P}

●
_P

Computer and Electronic Product Manufacturing (334)

Computer and peripheral equipment manufacturing (334)

●
_{S P}

–

●
_{S P}

●
_P

Electrical Equipment, Appliance, and Component Manufacturing (335)

Electric lighting equipment manufacturing (3351)

●
_{S P}

–

●
_{S P}

●
_P

Household appliance manufacturing (3352)

Small electrical appliance manufacturing (33521)

●
_{S P}

–

●
_{S P}

●
_P

Major household appliance manufacturing (33522)

–

All other electrical equipment and component manufacturing (in 335)

–

Transportation Equipment Manufacturing (336)

Transportation equipment manufacturing (336)

–

Furniture and Related Product Manufacturing (337)

Furniture and related product manufacturing (337)

●
_{S P}

–

●
_{S P}

●
_P

Miscellaneous Manufacturing (339)

Medical equipment and supplies manufacturing (3391)

●
_{S P}

–

●
_{S P}

●
_P

Other miscellaneous manufacturing (3399)

●
_{S P}

–

●
_{S P}

●
_P

32-202

Use Group X - uses subject to size limitations

For uses denoted with a “S” in Section 32-201 (Use Group X – general use allowances), the specific size limitations shall be as follows:

All permitted uses in C1 Districts that are select commercial overlays shall not exceed 3,000 square feet of floor area per establishment.
All permitted uses in C1 Districts that are not select commercial overlays or C2 Districts shall not exceed 5,000 square feet of floor area per establishment.
All permitted uses in C4 through C7 Districts shall not exceed 10,000 square feet of floor area per establishment on the ground floor and without limitation on overall floor area above the ground floor.

32-203

Use Group X - additional conditions

For uses denoted with a “P” in Section 32-201 (Use Group X – general use allowances), the limitations in this Section shall apply.

Permitted uses in all Commercial Districts shall conform to the performance standards for M1 Districts as set forth in Section 42-40 (PERFORMANCE STANDARDS) through 42-48 (Performance Standards Regulating Humidity, Heat or Glare), inclusive. However, beverage manufacturing establishments shall not be subject to the provisions of Section 42-47 (Performance Standards Regulating Fire and Explosive Hazards).
In addition to the requirements of paragraph (a) of this Section, in C1 or C2 Districts, or C4 through C7 Districts, all permitted uses shall meet the following requirements:
1. Such use does not have a New York City or New York State environmental rating of “A”, “B” or “C” under Section 24-153 of the New York City Administrative Code for any process equipment requiring a New York City Department of Environmental Protection operating certificate or New York State Department of Environmental Conservation state facility permit; and
2. Such use is not required, under the City Right-to-Know Law, to file a Risk Management Plan for Extremely Hazardous Substances.

32-204

Use Group X – additional provisions for parking requirement category

In C1 or C2 Districts, or C4 through C8 Districts, all permitted uses are classified in parking requirement category B except that uses located above the ground floor shall be classified in parking requirement category C.

32-30

STREETSCAPE REGULATIONS

The provisions of Section 32-30, inclusive, set forth streetscape regulations on designated street frontages. Such provisions shall apply as follows:

The provisions of Sections 32-31, 32-32 and 32-33, inclusive, apply to developments or ground floor level enlargements of buildings along Tier A, Tier B and Tier C street frontages, respectively.
The provisions of Section 32-34 apply to changes of use to existing buildings along Tier A, Tier B and Tier C street frontages.
The provisions of Section 32-35 set forth special streetscape rules for certain areas.

For zoning lots with multiple street frontages, each frontage shall be considered separately as a Tier A, Tier B or Tier C frontage, as applicable.

Special Purpose Districts or other provisions of this Resolution may modify or supplement the provisions of this Section, inclusive.

The Board of Standards and Appeals may permit modifications to the provisions of this Section, inclusive, pursuant to Section 73-32.

For ground floor levels of buildings that are designated as a landmark or considered a contributing building in an Historic District designated by the Landmarks Preservation Commission the Chairperson of the City Planning Commission shall modify the provisions of this Section, by certification, to the extent necessary to facilitate the ground floor level design of a building that has received a Certificate of Appropriateness from the Landmarks Preservation Commission.

32-301

Definitions

Definitions specifically applicable to this Chapter are set forth in this Section. The definitions of other defined terms are set forth in Section 12-10 (DEFINITIONS), except where explicitly stated otherwise in individual provisions in this Chapter.

Blank wall

A “blank wall” shall be a street wall, or portions thereof, 50 feet or more in width, which contains no transparent element between curb level and 12 feet above curb level.

Ground floor level

The “ground floor level” shall refer to a building’s lowest story where the level of the finished floor is located within five feet of the adjoining sidewalk.

Minimum qualifying depth

The “minimum qualifying depth” shall refer to the minimum depth to which ground floor level use or parking wrap regulations apply. Such restrictions shall apply to a minimum depth of 30 feet, as measured perpendicular to the ground floor level street wall facing the applicable street frontage. However, within such depth, vertical circulation cores and associated egress paths, as well as structural or other building infrastructure elements associated with upper stories of the building, shall be permitted obstructions.

Tier A street frontage

A “Tier A street frontage” shall be any portion of the ground floor level street frontage of a zoning lot in C1 or C2 Districts, C4 through C7 Districts, or M1 Districts paired with a Residence District, that is not a Tier B or Tier C street frontage.

Tier B street frontage

A “Tier B street frontage” shall be any portion of the ground floor level street frontage of a zoning lot in the Expanded Transit Zone that is located within C1 or C2 Districts, C4 through C7 Districts, or M1 Districts paired with a Residence District.

Tier C street frontage

A “Tier C street frontage” shall be that portion of the ground floor level street frontage of a zoning lot along a street specifically designated as such in a Special Purpose District or other streetscape provision of this Resolution.

Impeded access frontage

An “impeded access frontage” shall refer to zoning lot frontages facing transportation infrastructure where direct vehicular or pedestrian access to areas beyond such infrastructure is inaccessible from all streets bounding the block containing the subject zoning lot. Transportation infrastructure shall include:

(a) embankments under an elevated rail line;

(b) an open railroad right of way;

(d) an elevated street located on a bridge.

DIAGRAM ILLUSTRATING IMPEDED ACCESS FRONTAGE

32-302

Exceptions

The provisions of Section 32-30, inclusive, shall not apply to:

zoning lot frontages along the same street frontage as a ramp accessing a limited-access expressway, freeway, parkway or highway, all of which prohibit direct vehicular access to adjoining land, provided that:
1. a portion of such zoning lot frontage is within 1,000 feet of such ramp, as measured along the street; and
2. there are no entrances to a mass transit station, as defined in Section 66-11, within such 1,000-foot measurement; or
zoning lots with a lot area greater than five acres and located entirely outside the Expanded Transit Zone.

32-303

Applicability for zoning lots with multiple buildings

For zoning lots with existing buildings to remain:

only the portion of the zoning lot containing a development or ground floor level enlargement shall be considered for the purposes of applying the regulations of Sections 32-31, 32-32 and 32-33, inclusive; and
only the portion of the zoning lot frontage associated with the building containing the alteration or change of use shall be considered for the purposes of determining the applicable regulations of Section 32-34.

32-31

Regulations for Tier A Street Frontages

The provisions of this Section, inclusive, shall apply to the ground floor level street frontage of a building along a Tier A street frontage. Such provisions include ground floor level:

blank wall restrictions, as set forth in Section 32-311; and
parking restrictions, as set forth in Section 32-312.

32-311

Blank wall provisions

Along the Tier A street frontage of a ground floor level, for any blank walls, at least 70 percent of the surface area of such blank wall shall be mitigated with wall treatment, in the form of permitted signs, subject to the provisions of Section 32-60, murals or other visual artwork, or living plant material. Any portion of a mural or other artwork that incorporates addresses, text or logos related to the building or tenants therein, shall be considered a sign.

32-312

Ground floor level parking restrictions

Along the Tier A street frontage of a ground floor level, the following shall apply:

Parking wrap or screening provisions

Portions of a ground floor level allocated to accessory off-street parking facilities or public parking garages, except for permitted entrances and exits, shall be either wrapped by floor area that is allocated to non-parking uses, to the minimum qualifying depth, or shall be screened such that:
1. any non-horizontal parking deck structures shall not be visible from the exterior of the building in elevation view;
2. opaque materials shall be located on the exterior building wall between the bottom of the floor of each parking deck and no less than three feet above such deck; and
3. a total of at least 50 percent of such exterior building wall, or portion thereof, with adjacent parking spaces shall consist of opaque materials which may include permitted signs, subject to the provisions of Section 32-60, murals or other visual artwork, decorative screening or latticework, or living plant material. Any portion of a murals or other artwork that incorporates addresses, text or logos related to the building or tenants therein, shall be considered a sign.
Limitations on open parking

No open parking associated with accessory off-street parking facilities or public parking lots shall be permitted between the street line and the street wall of the building or its prolongations.

Open parking beyond the prolongation of a street wall shall be screened from any Tier A street frontage by a strip at least four feet wide, densely planted with vegetation which may be expected to form a year-round screen at least three feet high within three years. For zoning lots with multiple Tier A street frontages, these provisions need only apply along one frontage.

32-32

Regulations for Tier B Street Frontages

The provisions of this Section, inclusive, shall apply to the ground floor level street frontage of a building along a Tier B street frontage. Such provisions include ground floor level:

use and transparency requirements, as set forth in Section 32-321;
alternative regulations, for certain block frontages, as set forth in Section 32-322; and
curb cut restrictions for all frontages, as set forth in Section 32-323.

32-321

Ground floor level use and transparency requirements

Along the Tier B street frontage of a ground floor level, use modifications are set forth in paragraph (a) of this Section and transparency requirements are set forth in paragraph (b).

Ground floor level uses

On the portion of a ground floor level facing a Tier B street frontage, within the minimum qualifying depth, the underlying use regulations are modified as follows:
1. dwelling units shall not be permitted;
2. uses listed under Use Group III(A) shall not be permitted;
3. uses listed under Use Group IV shall be limited to those listed under Public Service Buildings, and Renewable Energy and Green Infrastructure;
4. guest rooms or suites associated with Transient Accommodations listed under Use Group V shall not be permitted;
5. uses listed under Use Group VII shall be limited in size to 5,000 square feet per establishment;
6. the maximum street wall width of ancillary residential uses or lobbies accessing uses not permitted on the ground floor level shall be limited to 50 percent of the ground floor level street frontages, or 50 feet, whichever is greater;
7. off-street parking spaces or loading berths, shall not be permitted, except that:
  1. entrances and exits to parking and loading facilities located beyond the minimum qualifying depth shall be permitted, subject to any applicable curb cut regulations of this Section, inclusive, or this Resolution;
  2. for buildings along a Tier B street frontage, and no frontage along another street where a loading berth is permitted, loading berths with a maximum street wall width of 50 feet shall be permitted; and
  3. for buildings with a street wall width in excess of 100 feet and with no frontage along another street where parking spaces are permitted within a minimum qualifying depth, parking spaces shall be permitted in the street wall portion in excess of 100 feet, provided that:
    1. the maximum street wall width of such parking spaces does not exceed 50 feet;
    2. the frontage allocated to such parking spaces shall be included in the maximum percentage permitted for ancillary residential uses or lobbies; and
    3. such parking spaces shall be screened in accordance with the provisions for Tier A street frontages set forth in paragraph (a) of Section 32-312.
8. entrances and exits to mass transit stations, as defined in Section 66-11, shall be permitted without restriction.
Transparency requirements

Along the Tier B street frontage of a ground floor level, street walls shall be glazed with transparent materials, which may include show windows, transom windows, or glazed portions of doors.

Such transparent materials shall occupy at least 50 percent of the surface area of such ground floor level street wall between a height of two feet and 12 feet, or the height of the ground floor ceiling, whichever is higher, as measured from the adjoining sidewalk. Transparent materials provided to satisfy such 50 percent requirement shall not begin higher than 2 feet, 6 inches, above the level of the adjoining sidewalk, with the exception of transom windows, or portions of windows separated by mullions or other structural dividers, and shall have a minimum width of two feet.

However, such transparency requirements shall not apply to portions of the ground floor level occupied by entrances or exits to parking or loading facilities, to doors accessing emergency egress stairwells and passageways, or to community facility buildings.

32-322

Alternate ground floor level regulations for certain frontages

Along the Tier B street frontage of a ground floor level, as an alternative to the provisions of Section 32-321, the provisions of paragraph (b) of this Section may be applied where the qualifying criteria set forth in paragraph (a) is met.

Qualifying criteria

The provisions of this Section may be applied along a Tier B street frontage where one of the following criteria are met:
1. the zoning lot frontage is an impeded access frontage;
2. there is a Residence District, Manufacturing District or C3 or C8 District mapped along the same street frontage as the zoning lot frontage either on the same block, or along a portion of the block across the street from the zoning lot;
3. the zoning lot has multiple street frontages, and at least two street frontages will meet either the standard requirements for Tier B street frontages in Section 32-321 or the applicable regulations for Tier C street frontages; or
4. where, at the time of application for a permit for a development or ground floor level enlargement, less than 75 percent of the street line width of zoning lots on the ‘social block’ surrounding the subject zoning lot are allocated to zoning lots with commercial buildings or mixed buildings.
  
  For the purposes of this Section, the ‘social block’ shall be the portion of the block containing the subject zoning lot that abuts the Tier B street frontage, as well as the portion of the blocks immediately across the Tier B street frontage from such block. Such calculation shall contain all the zoning lots along such block frontage except that where the width of any such block frontage exceeds 250 feet, the calculation need only extend 100 feet from the outermost extents of the subject zoning lot, as measured along the street line.
  
  EXAMPLE OF ‘SOCIAL BLOCK’
Alternative provisions

Where the qualifying criteria is met, along the Tier B street frontage of the ground floor level, the following shall apply:
1. Parking wrap and location
  1. Along wide streets
    
    For ground floor level frontages along wide streets, portions of a ground floor level allocated to accessory off-street parking facilities or public parking garages, except for permitted entrances and exits, shall be located behind floor area that is allocated to non-parking uses, to a minimum qualifying depth, so that no portion of such facility is visible from adjacent public sidewalks. However, for buildings with a street wall width in excess of 100 feet and with no frontage along another street where parking spaces are permitted within a minimimum qualifying depth, the provisions of paragraph (a)(7)(iii) of Section 32-321 may be applied.
  2. Along other street frontages
    
    For ground floor level frontages along other frontages, portions of a ground floor level allocated to accessory off-street parking facilities or public parking garages, may be wrapped by floor area, or screened, in accordance with the provisions for Tier A street frontages set forth in paragraph (a) of Section 32-312. No open parking shall be visible from adjacent public sidewalks.
2. Blank walls
  
  Along the Tier B street frontage of a ground floor level, for any blank walls, at least 70 percent of the surface area of such blank wall shall be mitigated with wall treatment, in the form of permitted signs, subject to the provisions of Section 32-60, murals or other visual artwork, or living plant material. Any portion of a murals or other artwork that incorporates addresses, text or logos related to the building or tenants therein, shall be considered a sign.

32-323

Ground floor level curb cut restrictions

Along the Tier B street frontage of a ground floor level, the following curb cut restrictions shall apply:

For zoning lots with frontage along a Tier B street frontage and frontage along another street that is neither a Tier B nor a Tier C street frontage, no curb cut accessing off-street parking spaces or loading spaces shall be permitted along such Tier B street frontage. Furthermore, for zoning lots with frontage along a Tier B street frontage subject to the standard provisions of Section 32-321 and frontage along a Tier B street frontage subject to the alternative provisions of Section 32-322, no curb cut accessing off-street parking spaces or loading spaces shall be permitted along the frontage subject to the standard provisions of Section 32-321.

32-33

Regulations for Tier C Street Frontages

The provisions of this Section, inclusive, shall apply to the ground floor level street frontage of a building along a Tier C street frontage.

The provisions for Tier B street frontages, as set forth in Section 32-32, inclusive, shall apply, except that the regulations of Section 32-322 shall not be permitted as an alternative to those of Section 32-321, and the ground floor level use limitations set forth in paragraph (a) of Section 32-321 shall be modified as follows:

in addition to dwelling units, ancillary residential uses, other than lobbies and associated amenities, shall not be permitted on the ground floor level within the minimum qualifying depth;
the maximum length of lobbies accessing uses not permitted on the ground floor level, shall be limited to a maximum street wall length, in total, of 25 percent of the street wall width of the building along the Tier C street frontage, or 25 linear feet of street wall along such street frontage, whichever is less. The minimum width of such lobbies need not be less than 10 feet.

However, C4 through C7 Districts where the floor area ratio for commercial uses is greater than or equal to 10.0, the maximum lobby length shall be modified such that the maximum street wall length, in total, shall not exceed 25 percent of the street wall width of the building along the Tier C street frontage, or 50 linear feet of street wall along such street frontage, whichever is less. The minimum width of such lobbies need not be less than 20 feet;
no parking spaces or loading berths shall be permitted within the minimum qualifying depth; and
in C4 through C7 Districts where the floor area ratio for commercial uses is greater than or equal to 10.0, for buildings with a street wall width greater than 50 feet, within the portion of the ground floor level street frontage that is required to be allocated to non-residential uses to the minimum qualifying depth, at least 50 percent of such frontage shall be allocated to uses in Use Groups VI or VIII.

32-34

Regulations for Existing Buildings

The provisions of this Section shall apply to the ground floor level of existing buildings along Tier A, Tier B, or Tier C street frontages.

Along Tier A frontages#

Along the Tier A street frontage of a ground floor level, as applicable, no alteration associated with the continuation of an existing use or change of use shall increase the extent of a pre-existing blank wall, modify the location of parking spaces, or add curb cuts along a street frontage in a manner that would create a new non-conformity or increase an existing non-conformity by more than 10 percent with regards to the applicable regulations for a development or ground floor level enlargement.
Along Tier B or Tier C street frontages

Along the Tier B or Tier C street frontage of a ground floor level, as applicable, no alteration associated with the continuation of an existing use or change of use shall introduce a use, reduce a minimum qualifying depth, increase the street wall width of restricted uses, reduce transparency, increase the extent of a pre-existing blank wall, modify the location of parking spaces, or add curb cuts along a street frontage in a manner that would create a new non-conformity or increase an existing non-conformity by more than 10 percent with regards to the applicable regulations for a development or ground floor level enlargement.

32-35

Special Rules for Certain Areas

32-351

Ground floor use requirements in high-density areas

For all Commercial Districts mapped within, or with a residential equivalent of, an R9 or R10 District, or Commercial Districts where the floor area ratio for commercial uses is greater than 10.0, the applicable ground floor level streetscape provisions of this Chapter shall apply, except that for ground floor level street frontages on wide streets, the alternative provisions for Tier B street frontages set forth in Section 32-322 shall not apply. However, the provisions of this Section shall not apply within any Special Purpose District.

32-352

Ground floor use requirements in the Borough of Staten Island

For all C1, C2 or C4 Districts in the Borough of Staten Island, the applicable ground floor level streetscape provisions of this Chapter shall apply, except that ground floor level street frontages on wide streets, or along narrow streets where such a C1, C2 or C4 District is mapped along the entire block frontage, shall be considered Tier C street frontages.

32-40

SUPPLEMENTARY USE REGULATIONS

32-41

Enclosure Within Buildings

†

C1 C2 C3 C4 C5 C6 C7 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.

32-411

In C1, C5, C6-5 or C6-7 Districts

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.

32-412

In other Commercial Districts

C2 C3 C4 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9 C7 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.

32-413

Drive-through facilities

In C1 through C7 Districts, accessory drive-through facilities for any use listed in Use Group VI, as set forth in Section 32-16 (Use Group VI – Retail and Services), may be permitted by special permit of the Board of Standards and Appeals, in accordance with Section 73-311 (Drive-through facilities).

32-42

Location Within Buildings

32-421

Limitation on floors occupied by commercial uses

†

C1 C2 C3

In the districts indicated, in any building, or portion of a building, not more than two stories may be occupied by commercial uses listed in Use Groups VI through X.

However, for buildings containing residences:

no conversion shall be permitted from dwelling units to such commercial uses on a second story:
1. in a building constructed before September 17, 1970 and located in C1 or C2 Districts mapped within, or with an equivalent of, an R9 or R10 District; or
2. in a building constructed before June 6, 2024, in all other districts;
the environmental requirements set forth in Section 32-423 shall be met, where applicable;
such commercial uses may be permitted on the same story as residences, provided that no access exists between such uses at any level containing dwelling units;
no commercial uses shall be located above any story containing dwelling units; and
in C1 or C2 Districts that are select commercial overlays the following commercial uses shall not be permitted on the second story where such story also contains dwelling units:

From Use Group VIII

All uses listed under Amusement and Recreation Facilities

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

32-422

Location of floors occupied by commercial uses

†

C4 C5 C6

In the districts indicated, in any building containing residences, commercial uses may be permitted on the same story as a residential use, or on a story higher than that occupied by residential uses, provided that:

no conversion shall be permitted from dwelling units to such commercial uses in a building constructed before June 6, 2024;
the environmental requirements set forth in Section 32-423 shall be met, where applicable;
no access exists between such uses at any level containing dwelling units; and
the following commercial uses shall not be permitted on a story above dwelling units:

From Use Group VI:

Eating or drinking establishments, in locations outside of the Borough of Manhattan;

From Use Group VIII

All uses listed under Amusement and Recreation Facilities.

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

32-423

Additional environmental standards for certain uses

Where commercial uses are located either on the same story as dwelling units, or on a higher story, pursuant to the applicable provisions of Section 32-421 and 32-422, the provisions of this Section shall apply to uses listed in Use Group VI, as set forth in Section 32-16 (Use Group VI – Retail and Services), inclusive, uses listed in Use Group VIII, as set forth in Section 32-18 (Use Group VIII – Recreation, Entertainment and Assembly Spaces), inclusive, uses listed in Use Group IX, as set forth in Section 32-19 (Use Group IX - Storage) and uses listed in Use Group X, as set forth in Section 32-20 (Use Group X – Production Uses).

Air quality

Where a use listed in Use Group X is required to install an emission stack by Federal, State or Local law, such stack shall exhaust above the height of building containing such use, or above the height of the immediately adjacent buildings, whichever is higher.
Noise

Above the level of the first story, where the applicable commercial uses are located on the same story as a dwelling unit or a story higher than a dwelling unit, such uses shall either:
1. be separated from dwelling units by a horizontal or vertical distance of at least 15 feet and includes at least two wall or ceiling partitions, as applicable; or
2. provide attenuation that will result in a sound level below 42 dBA for daytime and 35 dBA for nighttime, as measured from the interior of the closest dwelling units. Such measurement shall be verified by an acoustical engineer prior to the issuance of a certificate of occupancy by the Department of Buildings.
Vibration

Above the level of the first story, where the applicable commercial uses are located on the same story as a dwelling unit or a story higher than a dwelling unit, such uses shall be subject to the provisions of Section 42-22 (Performance Standards Regulating Vibration) for an M1 District, except that the measurements for maximum vibration displacements shall be measured within the building instead of at the lot line. Such measurement shall be verified by a vibration or acoustical engineer prior to the issuance of a certificate of occupancy by the Department of Buildings.

32-43

Limitations on Business Entrances, Show Windows or Signs

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:

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;
service entrances, or other entrances less than 3 feet, 6 inches in width;
windows other than show windows; or
ventilators, fire escapes or other appurtenances required by law.

32-431

For zoning lots with single frontage

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).

32-432

For corner lots

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:

if the total length of the block face containing such frontage is less than 220 feet;
if such frontage adjoins frontage on a corner lot in a Residence District; or
if such frontage is separated from frontage in the Residence District by one or more zoning lots with single frontage.

32-433

Exceptions for integrated developments divided by district boundaries

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:

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

32-50

SPECIAL PROVISIONS APPLICABLE TO CERTAIN AREAS

32-51

Use of Railroad or Transit Air Space

In all Commercial Districts, railroad or transit air space may be developed or used in accordance with the provisions of this Section.

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 74-61 (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 74-148 (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 74-61 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 74-61 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.
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.

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).

32-60

SIGN REGULATIONS

32-61

Definitions

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

32-62

Permitted Signs

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.

32-63

Permitted Advertising Signs

C6-5 C6-7 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).

32-64

Surface Area and Illumination Provisions

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.

32-641

Total surface area of signs

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.

32-642

Non-illuminated signs

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 C7		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		No restrictions as to size

32-643

Illuminated non-flashing signs

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.

32-644

Illuminated or flashing signs in C4, C5-4, C6 or C7 Districts

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 C7

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

No restrictions as to size

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

32-645

Illuminated or flashing signs in C8 Districts

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.

32-65

Permitted Projection or Height of Signs

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.

32-651

Permitted projection in C6-5 or C6-7 Districts

C6-5 C6-7

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 eight feet.

32-652

Permitted projection in all other Commercial Districts

C1 C2 C3 C4 C5 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9 C7 C8

32-653

Additional regulations for projecting 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:

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

32-654

Height of signs in C8 Districts

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.

32-655

Height of signs in all other Commercial Districts

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 C7		40
C6-5 C6-7		No restriction as to height

32-656

Height of signs above roof

C1 C2 C3 C4 C5 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9 C7

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 C7

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

32-66

Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways

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.

32-661

Additional regulations for signs other than advertising signs

C6-5 C6-7 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.

32-662

Additional regulations for advertising signs

C6-5 C6-7 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.

32-663

Advertising signs on waterways

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.

32-67

Special Provisions for Certain Areas

32-671

Special provisions applying along district boundaries

C2 C3 C4 C5 C6 C7 C8

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.

32-672

Special provisions for high density areas

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.

32-68

Permitted Signs on Residential or Mixed Buildings

C1 C2 C3 C4 C5 C6

In the districts indicated, any use listed in Use Group II shall conform to the sign regulations for Residence Districts set forth in Sections 22-52 through 22-54. 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.

32-69

Additional Sign Regulations for Adult Establishments