Chapter 2 - Use Regulations

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

In order to carry out the purposes and provisions of this Resolution, the uses 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 purposes of establishing permitted uses in this Resolution, references to permitted uses in the Use Groups, or any sub-categories therein, shall include all accessory uses thereto. Use Groups I, II, III, IV, V, VI, VII, VIII, IX and X, are permitted in Manufacturing Districts subject to the provisions of the following Sections:

  1. Sections 42-11 (Use Group I – Agriculture and Open Uses) through 42-20 (Use Group X – Production Uses) establish general use allowances in Use Groups I through X, including each use listed separately therein, by Manufacturing District, and additional provisions for certain uses, where applicable.
  2. Section 42-30 (SPECIAL PROVISIONS APPLICABLE TO CERTAIN AREAS AND DISTRICTS) sets forth special provisions applicable to:
    1. railroad or transit air space, as set forth in Section 42-31 (Use of Railroad or Transit Air Space);
    2. certain Manufacturing Districts, including:
      1. M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, as set forth in Section 42-321 (Residential uses in M1-1D through M1-5D Districts);
      2. M1-6D Districts, as set forth in Section 42-322 (Use regulations in M1-6D Districts);
      3. M1-5M and M1-6M Districts, as set forth in Section 42-323 (Use regulations in M1-5M and M1-6M Districts);
      4. M1-1, M1-5 and M1-6 Districts in certain areas, as set forth in Section 42-324 (Use regulations in certain M1-1, M1-5 and M1-6 Districts);
      5. M1-5B Districts, as set forth in Section 42-325 (Use regulations in M1-5B Districts); and
      6. Manufacturing Districts with an A suffix, as set forth in Section 42-326 (Use regulations in Manufacturing Districts with an A suffix).
  3. Section 42-40 (PERFORMANCE STANDARDS) establishes performance standards that are applicable to certain uses listed in Use Groups I, IV, VI, VIII, IX and X.
  4. Section 42-50 (SUPPLEMENTARY USE REGULATIONS) sets forth supplementary use regulations and special provisions applying along district boundaries, including:
    1. enclosure of commercial or manufacturing activities, as set forth in Section 42-51;
    2. enclosure or screening of storage, as set forth in Section 42-52; and
    3. limitations on business entrances, show windows or signs, as set forth in Section 42-53.
  5. Section 42-60 (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.
 

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 a Manufacturing District in which residences or 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.

(b)        In all other Manufacturing 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)        No adult establishment shall be established less than 500 feet from another adult establishment.

(d)        No more than one adult establishment permitted under this Section shall be established on a zoning lot.

(e)        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.

The provisions of Sections 42-11 (Use Group I – Agriculture and Open Uses) through 42-20 (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. For Use Groups I, and III through X, use allowances by zoning district are summarized in Use Group tables. For each use and zoning district, the tables contain up to two levels of notation in a particular cell:

  1. The top level will always contain a symbol and denotes:
    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 (“–”).
  2. 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 42-50 (SUPPLEMENTARY USE REGULATIONS), inclusive. 

Such notations are illustrated in the following diagram:

Use chart notation adopted 6/6/2024 per COYZEO (N 240110 ZRY)


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 Sections 42-30 (SPECIAL PROVISIONS APPLICABLE TO CERTAIN AREAS AND DISTRICTS), 42-40 (PERFORMANCE STANDARDS), and 42-50 (SUPPLEMENTARY USE REGULATIONS).

Use Group tables 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 and manufacturing uses to determine required accessory off-street parking spaces as set forth in the table in Section 44-21 (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

Use chart example added per COYZEO (N 240110 ZRY) adopted 6/6/2024

M1 M2 M3

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

  1. Section 42-111 (Use Group I – general use allowances) which includes the compilation of uses in the Use Group table;
  2. Section 42-112 (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;
  3. Section 42-113 (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;
  4. Section 42-114 (Use Group I – uses permitted by special permit) for uses permitted only by special permit by the Board of Standards and Appeals, as denoted with “○” in the Use Group table; and
  5. Section 42-115 (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.

The following table includes uses classified as Use Group I and sets forth their allowances by Manufacturing District. Notations found in the table are further described in Section 42-10 (USE ALLOWANCES). Where permitted as-of-right in a Manufacturing 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

M1

M2

M3

PRC

Agriculture

Agricultural uses, including greenhouses, nurseries, or truck gardens


P     U


P     U


P     U

G

Open Uses

Cemeteries


 

N/A

Golf courses


 

*

Outdoor racket courts


P

G

Outdoor skating rinks


 


 


 

G

Public parks or playgrounds or private parks


 

N/A

Sand, gravel, or clay pits

N/A

For uses denoted with a “P” in Section 42-111 (Use Group I – general use allowances), the following provisions shall apply:

  1. Agricultural uses in all Manufacturing Districts shall conform with the applicable performance standards set forth in Sections 42-40 (PERFORMANCE STANDARDS) through 42-48 (Performance Standards Regulating Humidity, Heat or Glare), inclusive.
  2. Outdoor racket courts are permitted in M1 Districts provided that all lighting shall be directed away from nearby residences.
     

For uses denoted with “○” in Section 42-111 (Use Group I – general use allowances), the provisions of this Section shall apply. Sand, gravel or clay pits, may be permitted in all Manufacturing Districts, by special permit of the Board of Standards and Appeals, in accordance with the provisions of Section 73-111 (Sand, gravel or clay pits).

For permitted uses denoted with “*” for parking requirement category (PRC) in Section 42-111 (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.

M1

Use Group II consists of residences of various types. In Manufacturing Districts, residences shall be allowed as follows:

  1. In M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, by authorization of the City Planning Commission, in accordance with Section 42-321 (Residential uses in M1-1D through M1-5D Districts);
  2. In M1-6D Districts, in accordance with Section 42-322 (Use regulations in M1-6D Districts);
  3. In M1-5M and M1-6M Districts, in accordance with Section 42-323 (Use regulations in M1-5M and M1-6M Districts); and
  4. In certain M1-1, M1-5 and M1-6 Districts, in accordance with Section 42-324 (Use regulations in certain M1-1, M1-5 and M1-6 Districts).

M1 M2 M3

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:

  1. Section 42-131 (Use Group III – general use allowances) which includes the compilation of uses in the Use Group tables;
  2. Section 42-132 (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;
  3. Section 42-133 (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
  4. Section 42-134 (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.

The following tables include uses classified as Use Group III and set forth their allowances by Manufacturing 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 42-10 (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

M1

M2

M3

PRC

Educational Institutions

College or school student dormitories and fraternity or sorority student houses

E2

Faith-based Institutions and Facilities

Monasteries, convents or novitiates

N/A

Rectories or parish houses with sleeping accommodations

N/A

 

Seminaries with sleeping accommodations

*

Health Institutions and Facilities

Long-term care facilities

E3

Non-profit hospital staff dwellings
 

*

Other Institutions and Facilities

Philanthropic or non-profit institutions with sleeping accommodations

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

M1

M2

M3

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

A3

Non-profit or voluntary hospitals and related facilities, except animal hospitals


P

E1

Proprietary hospitals and related facilities, except animal hospitals


P

E1

Other Institutions and Facilities

Community centers

B3

Libraries

G

Museums


P


P


P

G

Non-commercial art galleries

G

Non-commercial clubs

B3

Non-commercial recreation centers

B3

Philanthropic or non-profit institutions without sleeping accommodations excluding ambulatory diagnostic or treatment health care facilities

B3

Welfare centers

B3

For uses denoted with a “P” in Section 42-131 (Use Group III – general use allowances), the following provisions shall apply:

  1. Ambulatory diagnostic or treatment health care facilities in all M1 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.
  2. Non-profit, voluntary or proprietary hospitals and related facilities in M1 Districts, except animal hospitals, shall be limited to facilities requiring approval under Article 28 of the Public Health Law of the State of New York that, prior to July 10, 1974, have received approval of Part I of the required application from the Commissioner of Health.
  3. useums in all Manufacturing Districts are permitted provided that they are ancillary to existing motion picture production studios or radio or television studios, and provided they are located within 500 feet of such studios and do not exceed 75,000 square feet of floor area. However, museums of any type may be permitted by special permit of the City Planning Commission, in accordance with Section 74-133 (Other community facility uses in M1 Districts).

For uses denoted with “○” in Section 42-131 (Use Group III – general use allowances), the following provisions shall apply:

  1. Schools may be permitted in M1 Districts by special permit of the Board of Standards and Appeals, in accordance with Section 73-133 (Schools).
  2. Uses listed in Use Group III(B), except for educational institutions, may be permitted in M1 Districts by special permit of the City Planning Commission, in accordance with Section 74-134 (Other community facility uses in M1 Districts).


 

For permitted uses denoted with “*” for parking requirement category (PRC) in Section 42-131 (Use Group III – general use allowances), the provisions of this Section shall apply. For 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.

M1 M2 M3

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:

  1. Section 42-141 (Use Group IV – general use allowances) which includes the compilation of uses in the Use Group tables;
  2. Section 42-142 (Use Group IV – uses subject to size restrictions) for size restrictions that apply to certain uses, as denoted with a “S” in the Use Group tables;
  3. Section 42-143 (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;
  4. Section 42-144 (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
  5. Section 42-145 (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.

The following tables include uses classified as Use Group IV and set forth their allowances by Manufacturing 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 42-10 (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

M1

M2

M3

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

M1

M2

M3

PRC

Communication Infrastructure

Radio or television towers, non-accessory

N/A

Telephone exchanges or other communications equipment structures


P


P


P

N/A

Electric and Gas Infrastructure

Electric power or steam generating plants


P     U


P     U


P     U

D2

Electric utility substation


P     U


P     U


P     U

N/A

Gas utility substations


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


P     U


P     U


P     U

D2

Dumps, recycling or material recovery facilities, marine transfer stations for garbage or slag piles


P     U


P     U


P     U

D2

Incineration or reduction of garbage, offal or dead animals


P


P


P

D1

Radioactive waste disposal services involving the handling or storage of radioactive waste


P


P


P

D1

Sewage disposal plants


P

D1

Water or sewage pumping stations

N/A

Transportation Infrastructure

Airports

N/A

Boat launching facilities for non-commercial pleasure boats


U


U


U

N/A

Bus stations

N/A

Docks


P     U


P     U


P     U

G

 

Freight terminals, yards or appurtenances, or facilities or services used or required in railroad operations, but not including passenger stations


P     U


P     U


P     U

D2

 

Heliports

N/A

Mooring facilities for non-commercial pleasure boats


U


U


U

N/A

Public transit or railroad electric substations


P     U


P     U


P     U

D2

 

Public transit yards, including accessory motor fuel pumps


P     U


P     U


P     U

D2

 

Railroad or transit rights-of-way


U


U


U

N/A

Railroad passenger stations

N/A

Seaplane bases

N/A

Truck weighing stations


P     U


P     U


P     U

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

M1

M2

M3

PRC

Renewable Energy and Green Infrastructure

Energy infrastructure equipment


U


U


U

N/A

Public bicycle and micromobility parking


U


U


U

N/A

Recycling, or organic material, receiving


U


U


U

N/A

For uses denoted with an “S” in Section 42-141 (Use Group IV – general use allowances), the provisions of this Section shall apply. Gas utility substations in all Manufacturing Districts shall be limited to a site of not more than 10,000 square feet.

For uses denoted with a “P” in Section 42-141 (Use Group IV – general use allowances), the following provisions shall apply:

  1. For telephone or other communications equipment structures in all Manufacturing 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.
  2. Docks for any vessels are permitted in all Manufacturing Districts, except that docks for gambling vessels may be permitted by special permit of the City Planning Commission, in accordance with Section 62-838 (Docks for gambling vessels).
  3. Where permitted, the following uses shall conform with the applicable performance standards set forth in Sections 42-40 (PERFORMANCE STANDARDS) through 42-48 (Performance Standards Regulating Humidity, Heat or Glare):

    Composting

    Docks

    Dumps, recycling or material recovery facilities, marine transfer stations for garbage or slag piles

    Electric power or steam generating plants

    Electric utility substation

    Freight terminals, yards or appurtenances, or facilities or services used or required in railroad operations, but not including passenger stations

    Incineration or reduction of garbage or slag piles

    Public transit or railroad electric substations

    Public transit yards

    Radioactive waste disposal services involving the handling or storage of radioactive waste

    Sewage disposal plants

    Truck weighing stations.

For uses denoted with “○” in Section 42-141 (Use Group IV – general use allowances), the provisions of this Section shall apply.

  1. The following uses may be permitted by the Board of Standards and Appeals:
    1. Radio or television towers may be permitted in all Manufacturing Districts, in accordance with Section 73-141 (Radio or television towers).
  2. The following uses may be permitted by special permit of the City Planning Commission:
    1. Sewage disposal plants may be permitted in M1 or M2 Districts, in accordance with Section 74-143 (Sewage pumping stations and sewage disposal plants).
    2. Airports may be permitted in all Manufacturing Districts, in accordance with Section 74-144 (Airports).
    3. Bus stations may be permitted in all Manufacturing Districts, in accordance with Section 74-145 (Bus stations).
    4. Heliports may be permitted in all Manufacturing Districts, in accordance with Section 74-146 (Heliports).
    5. Railroad passenger stations may be permitted in all Manufacturing Districts, in accordance with Section 74-148 (Railroad passenger stations).
    6. Seaplane bases may be permitted in all Manufacturing Districts, in accordance with Section 74-149 (Seaplane).
       

M1 M2 M3

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:

  1. Section 42-151 (Use Group V – general use allowances) which includes the compilation of uses in the Use Group table;
  2. Section 42-152 (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;
  3. Section 42-153 (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; and
  4. Section 42-154 (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 “*” in the Use Group table.
     

The following table includes uses classified as Use Group V and sets forth their allowances by Manufacturing District. Notations found in the table are further described in Section 42-10 (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

M1

M2

M3

PRC

Transient Accommodations

Motels


P

F1

Overnight camps


U


U


U

G

Tourist cabins


P

F1

Transient hotels


P

*

For uses denoted with a “P” in Section 42-151 (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 M1 Districts, transient hotels shall be permitted only as set forth in this Section.

  1. Applicability

    A special permit for transient hotels, by the City Planning Commission, pursuant to Section 74-153 (In M1 Districts) shall be applicable to:
    1. 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 20, 2018, did not contain such use; or
    3. enlargement or extension of a transient hotel that existed prior to December 20, 2018, that increases the floor area of such use by 20 percent or more.
  2. Exclusions

    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. a transient hotel located within John F. Kennedy International Airport and LaGuardia Airport, which shall include property under the jurisdiction of the Port Authority of New York and New Jersey for airport use;
    3. a transient hotel in an M1-6D District, a Special Mixed Use District or any other Special Purpose District where an M1 District is paired with a Residence District, all of which shall instead be subject to the provisions of Section 32-153 (Use Group V – uses subject to additional conditions); or
    4. in an M1-2 District for a change of use to a transient hotel that occupies no more than 30 percent of the floor area on the zoning lot and where such zoning lot contains a minimum lot area of 100,000 square feet, comprises an entire block, and contains buildings with a minimum total of 500,000 square feet of floor area on December 20, 2018.
  3. Within M1-5B Districts

    Within an M1-5B District, a special permit pursuant to Section 74-153 (In M1 Districts) shall be required in conjunction with a special permit pursuant to Section 74-781 (Modifications by special permit of the City Planning Commission of uses in M1-5B Districts) except that a permit pursuant to Section 74-781 shall not be required for a transient hotel located above the ground floor level, where the floor area used for such use on the ground floor does not exceed an amount minimally necessary to access and service such transient hotel.
  4. Existing transient hotels
    1. Any transient hotel existing prior to December 20, 2018, within an M1 District 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, or the active operation of substantially all the uses in the building or other structure is discontinued, the space allocated to such transient hotel shall thereafter be used only for a conforming use, 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 74-153 (In M1 Districts) or other applicable Section of this Resolution.
    2. The provisions of paragraph (d)(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 within an M1 District that was in such use as of December 20, 2018, 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).
  5. Vesting

    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, if on or before April 23, 2018, a building permit for a development, enlargement or conversion to a transient hotel, or a partial permit for a development of a transient hotel was lawfully issued by the Department of Buildings, such construction may be started or continued. In the event that construction has not been completed and a certificate of occupancy including a temporary certificate of occupancy, has not been issued by December 20, 2021, 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).

    ​​​​​​​Any special permit approved by the City Council for a transient hotel prior to December 20, 2018, shall be permitted and this Section shall not apply to such transient hotel, subject to the provisions of Section 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution).

For uses denoted with “*” for parking requirement category (PRC) in Section 42-151 (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.

M1 M2 M3

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:

  1. Section 42-161 (Use Group VI – general use allowances) which includes the compilation of uses in the Use Group tables;
  2. Section 42-162 (Use Group VI – uses subject to size restrictions) for size restrictions that apply to certain uses, as denoted with an “S” in the Use Group tables;
  3. Section 42-163 (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;
  4. Section 42-164 (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; and
  5. Section 42-165 (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 “*” in the Use Group tables. 

The provisions of Sections 42-162, 42-163 and 42-164, 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).
 

The following tables include uses classified as Use Group VI and set forth their allowances by Manufacturing District. Notations found in the tables are further described in Section 42-10 (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 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 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)

M1

M2

M3

PRC

Motor Vehicle and Parts Dealer (441)

Automobile dealers (4411)


U


U


U

A4

Other motor vehicle dealers (4412)

Boat dealers (441222)


U


U


U

C

All other motor vehicle dealers (in 4412)


U


U


U

C

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)


U


U


U

A3

All other building material and supplies dealers (in 4441)


U


U


U

A3

Lawn and garden equipment and supplies retailers (4442)


U


U


U

A2

Food and Beverage Retailers (445)

Grocery and convenience retailers (4451)


S


S


S

*

Specialty food retailers (4452)


S


S


S

*

Beer, wine and liquor retailers (4453)

A2

Furniture, Home Furnishings, Electronics, and Appliance Retailers (449)

Furniture and home furnishing retailers (4491)


S

A3

Electronics and appliance retailers (4492)


S

A3

General Merchandise Retailers (455)

Department stores (4551)


S

A2

Warehouse clubs, supercenters, and other general merchandise retailers (4552)


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


P     U


P     U

N/A

Electric vehicle charging and battery swapping


U


U


U

N/A

Boat fuel sales


U


U


U

A4

Fuel dealers (4572)


S     P     U


S     P     U


S     P     U

A3

Clothing, Clothing Accessories, Shoe and Jewelry Retailers (458)

Clothing and clothing accessories retailers (4581)


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)


S

A2

Book retailers and news dealers (4592)

Book retailers

A2

News dealers


U


U


U

A2

Florists (4593)


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)

M1

M2

M3

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)

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)


U


U


U

N/A

Consumer goods rental (5322)

Consumer electronics and appliances rental (53221)

A3

Recreational goods rental (532284)


U


U


U

A3

All other consumer goods rental (in 5322)

A3

General rental centers (5323)

A3

Commercial and industrial machinery and equipment rental and leasing (5324)


U


U


U

A3

Professional, Scientific, and Technical Services (541)

Veterinary services (54194)


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


P


P

D1

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

A3

All other schools and instruction (6116 and 6117)

A3

Food Services and Drinking Places (722)

Special food services (7223)

A3

Eating or drinking establishments (7224 and 7225)


U


U


U

*

Repair and Maintenance (811)

Automotive repair and maintenance (8111)

Heavy motor vehicle repair and maintenance shops


P


P


P

A4

Light motor vehicle repair and maintenance shops


P


P


P

A3

Car washes (811192)


P


P


P

N/A

Electronic and precision equipment repair and maintenance
(8112)

A3

Commercial and industrial machinery and equipment repair and maintenance (8113)


P


P


P

A3

Personal and Household Goods Repair and Maintenance (8114)

Bicycle and recreational boat repair


 


 


 

A3

Recreational boat repair


P     U


P     U


P     U

A34

Home and garden equipment and appliance repair and maintenance
(81141)


P


P


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


U


U


U

A2

All other personal care services (in 8121)

A2

Death care services
(8122)

Funeral homes and funeral services (81221)

G

Crematoriums


P


P


P

A4

Drycleaning and laundry services (8123)

Personal laundry services


 


 


 

A2

Personal dry cleaning services


P


P


P

A2

Industrial dry cleaning and laundry services


P


P


P

D1

Other personal services

(8129)

Pet care services (81291)

A2

All other personal services (in 8129)

A3

For uses denoted with an “S” in Section 42-161 (Use Group VI – general use allowances), a limit of 10,000 square feet of floor area per establishment shall apply except that:

  1. grocery and convenience retailers and food retailers in M1-4 Districts in Community District 1, in the Borough of the Bronx shall be limited to 30,000 square feet of floor area per establishment; and
  2. fuel dealers in all Manufacturing Districts shall be limited to 5,000 square feet of floor area per establishment.
     

For uses denoted with a “P” in Section 42-161 (Use Group VI – general use allowances), the following provisions shall apply:

  1. For car washes in all Manufacturing Districts, reservoir space for not less than 10 automobiles per washing lane shall be provided on the zoning lot.
  2. Recreational boat repair services in all Manufacturing Districts shall be restricted to boats less than 100 feet in length.
  3. The following uses in all Manufacturing Districts shall conform to the performance standards 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 schools

    Veterinary services.

For permitted uses denoted with “*” for parking requirement category (PRC) in Section 42-161 (Use Group VI – general use allowances), the following provisions shall apply:

  1. Grocery and convenience retailers and 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 are classified as PRC A2.
  2. 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.
     

M1 M2 M3

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, by Manufacturing District are set forth in the table below. Notations found in the table are further described in Section 42-10 (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

M1

M2

M3

PRC

Laboratories

Laboratories

A3

Offices

Offices, business, professional including ambulatory diagnostic or treatment health care, or governmental

A3

M1 M2 M3

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:

  1. Section 42-181 (Use Group VIII – general use allowances) which includes the compilation of uses in the Use Group table;
  2. Section 42-182 (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;
  3. Section 42-183 (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;
  4. Section 42-184 (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;
  5. Section 42-185 (Use Group VIII – uses permitted by special permit) for uses permitted by special permit of the City Planning Commission, as denoted with “○” in the Use Group table; and
  6. Section 42-186 (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 42-182, 42-183 and 42-184, 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). 
 


The following table includes uses classified as Use Group VIII and sets forth their allowances by Manufacturing District. Notations found in the table are further described in Section 42-10 (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

M1

M2

M3

PRC

Amusement and Recreation Facilities

Amusement or recreation facilities
 


U


U


U

*

Select entertainment facilities


U


U


U

*

Outdoor amusement parks


S     U


S     U


S     U

C

Art Galleries and Studios

Art galleries

A2

Art, music, dancing or theatrical studios

A2

Production or entertainment studios

B1

Entertainment and Sporting Venues

Arenas or auditoriums


S


S


S

B1

Drive-in theaters

N/A

Racetracks

B1

Stadiums


S     U


S     U


S     U

B1

Theaters
 


 


 


 

B1

Other Assembly Spaces

Banquet, function or reception halls
 

B1

Gaming facilities


P


P


P

B1

Historical exhibits

B1

Meeting halls

B1

Non-commercial clubs

B1

Observation decks


U


U


U

B1

Outdoor day camps


U


U


U

G

Publicly accessible spaces


U


U


U

N/A

Riding academies or stables


P     U


P     U


P     U

A4

Trade expositions


S


S


S

B1

For uses denoted with an “S” in Section 42-181 (Use Group VIII– general use allowances), the specific size limitations shall be as follows:#

  1. Outdoor amusement parks in all Manufacturing Districts are limited to 10,000 square feet of lot area. However, in M1 Districts, such use# may exceed a lot area of 10,000 square feet by special permit by the Board of Standards and Appeals, in accordance with Section 73-183 (Outdoor Amusement Parks).
  2. Arenas, auditoriums or stadiums in all Manufacturing 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).
     

For uses denoted with a “P” in Section 42-181 (Use Group VIII – general use allowances), the  provisions of this Section shall apply:

  1. 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 areas 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.
  2. In all Manufacturing Districts, riding academies or stables shall conform to the performance standards set forth in Sections 42-40 (PERFORMANCE STANDARDS) through 42-48 (Performance Standards Regulating Humidity, Heat or Glare), inclusive.
     

For uses denoted with “○” in Section 42-181 (Use Group VIII – general use allowances), the following provisions shall apply:

  1. Drive-in theaters may be permitted in all Manufacturing Districts by special permit of the City Planning Commission as set forth in Section 74-183 (Drive-in theaters).
  2. Racetracks may be permitted in all Manufacturing Districts by special permit of the City Planning Commission, in accordance with Section 74-184 (Racetracks).
     

For permitted uses denoted with “*” for parking requirement category (PRC) in Section 42-181 (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.

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:

  1. Section 42-191 (Use Group IX – general use allowances) which includes the compilation of uses in the Use Group tables;
  2. Section 42-192 (Use Group IX – uses permitted with limited applicability) for additional limitations on applicability for certain uses, as denoted with “♦” in the Use Group tables;
  3. Section 42-193 (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; and
  4. Section 42-194 (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.
     

The following table includes uses classified as Use Group IX and sets forth their allowances by Manufacturing 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 42-10 (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

M1

M2

M3

PRC

General Storage

Building materials or contractors' yard


P     U


P     U


P     U

D2

Depositories for storage of office records, microfilm or computer tapes, or for data processing

D2

Micro-distribution facilities

D2

Moving or storage offices


P


P


P

D2

Self-service storage facility


P


P


P

D2

Trucking terminals or motor freight stations


P     U


P     U


P     U

D2

Warehouses


P


P


P

D2

Wholesale establishments


P


P


P

A4

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

M1

M2

M3

PRC

Specialized Storage

Coal or gas storage


P     U


P     U


P     U

D2

Explosives storage, when not prohibited by other ordinances


P     U


P     U


P     U

D2

Grain storage


P     U


P     U


P     U

D2

Junk or salvage yards, including auto wrecking or similar establishments


P     U


P     U


P     U

D2

Lumber yard


P     U


P     U


P     U

D2

Manure, peat or topsoil storage


P     U


P     U


P     U

D2

Petroleum or petroleum products, storage or handling


P     U


P     U


P     U

D2

Refrigerating plants


P     U


P     U


P     U

D2

Scrap metal, junk, paper or rags storage, sorting, or baling


P     U


P     U


P     U

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

M1

M2

M3

PRC

Vehicle Storage

Boat storage


P     U


P     U


P     U

A4

Commercial or public vehicle storage, including accessory motor fuel pumps


P     U


P     U


P     U

D2

Dead storage of motor vehicles


P     U


P     U


P     U

N/A

Public parking garages or public parking lots

P     U


P     U


P     U

N/A

For uses denoted with “♦” in Section 42-191 (Use Group IX – general use allowances), the provisions of this Section shall apply.

  1. 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 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 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).
  2. Special provisions for self-storage facilities

    In designated areas within Manufacturing Districts, as shown on the maps in APPENDIX J (Designated Areas Within Manufacturing Districts) of this Resolution, a self-service storage facility is subject to the provisions of this Section. Designated areas in which self-service storage facilities are subject to the as-of-right provisions of this paragraph are shown on the maps in Subarea 1, and those in which such uses are subject to special permit of the City Planning Commission pursuant to Section 74-192 (Self-service storage facility in designated areas within Manufacturing Districts) are shown on the maps in Subarea 2.

    A self-service storage facility shall, in Subarea 1 of APPENDIX J of this Resolution, be limited to establishments that provide an industrial floor space as defined in Section 12-10 (DEFINITIONS) or “business-sized” storage space as specified in paragraph (b)(2)(ii) of this Section.
    1. On a zoning lot greater than or equal to 50,000 square feet in area, a self-service storage facility shall provide industrial floor space that is:
      1. equal in floor area or cellar space to 25 percent of the lot area;
      2. located below the level of the third story, with at least 50 percent of such industrial floor space located on the ground floor, with such ground floor story located within five feet of curb level, or base plane, as applicable, and the remaining industrial floor space located on a level that is immediately above or below such story; and
      3. provided with access to freight elevators and the accessory off-street loading berth required for such industrial floor space in accordance with the provisions of Section 44-566 (Regulations for permitted or required loading berths for zoning lots containing self-service storage facilities in designated areas).
    2. On a zoning lot that on December 19, 2017, is less than 50,000 square feet in area, a self-service storage facility shall provide:
      1. industrial floor space as specified in paragraph (b)(1) of this Section; or
      2. floor area or cellar space containing securely subdivided space for lease within such self-service storage facility, where each subdivided space is not less than 100 square feet in area, and with a minimum clear height of eight feet. Such spaces shall be categorized as “business-sized” for the purposes of this Section and the number and sizes of such spaces shall be shown on plans filed with the Department of Buildings. The total area of such business-sized storage space shall be equal in floor area or cellar space to 25 percent of the lot area.
    3. On a zoning lot on which industrial floor space is provided in accordance with paragraph (b)(1) or (b)(2)(i) of this Section, an information sign shall be provided. Such required sign shall be mounted on an exterior building wall adjacent to and no more than five feet from all primary entrances of the building containing the industrial floor space. The sign shall be placed so that it is directly visible, without any obstruction, to persons entering the building, and at a height no less than four feet and no more than 5 feet 6 inches above the adjoining grade. Such sign shall be legible, no less than 12 inches by 12 inches in size and shall be fully opaque, non-reflective and constructed of permanent, highly durable materials. The information sign shall contain the name and address of the building in lettering no less than three-quarters of an inch in height, and the following statement in lettering no less than one-half inch in height: “This building is subject to Industrial Floor Space regulations which require a minimum amount of space to be provided for specific industrial uses.” The information sign shall include an Internet URL, or other widely accessible means of electronically transmitting and displaying information to the public, where the information required in paragraph (b)(4) of this Section is available to the public.
    4. On a zoning lot on which industrial floor space is provided in accordance with paragraph (b)(1) or (b)(2)(i) of this Section, no later than June 30 of each year, beginning in the first calendar year in which a temporary or final certificate of occupancy was issued for the industrial floor space, the owner of the building subject to the use restrictions of this Section shall prepare a report on the existing conditions of the building. Such report shall be in a form provided by the Director of the Department of City Planning, and shall provide the following information at the designated Internet URL, or other widely accessible means of electronically transmitting and displaying information to the public:
      1. the total floor area of the industrial floor space in the building required by this Section;
      2. the name of each business establishment occupying floor area reserved for the industrial floor space. Such business establishment name shall include that name by which the establishment does business and is known to the public. For each business establishment, the amount of floor area the Use Group, subgroup and specific use as listed in this Resolution shall also be included;
      3. a description of each establishment, using the North American Industry Classification System (NAICS) code and number of employees;
      4. the total amount of industrial floor space that is vacant, as applicable;
      5. the average annual rent for the portions of the building, in the aggregate, required to be industrial floor space; and
      6. the number of new leases executed during the calendar year, categorized by lease duration, in five-year increments from zero to five years, five to 10 years, 10 to 15 years, 15 to 20 years and 20 years or greater.

        The report shall be submitted to the Director of the Department of City Planning, by any method, including e-mail or other electronic means, acceptable to the Director. The applicable Community Board, Borough President and local Council Member shall be included in such transmission.

        A self-service storage facility shall, in Subarea 2 of APPENDIX J of this Resolution, be permitted by special permit of the City Planning Commission pursuant to Section 74-192 (Self-service storage facility in designated areas within Manufacturing Districts).

        Any self-service storage facility existing on December 19, 2017, located in a designated area within Manufacturing Districts, as shown on the maps in APPENDIX J, shall be considered a conforming use, provided that the owner of such self-service storage facility has filed documentation satisfactory to the Department of Buildings that it existed on such date and met the definition of self-service storage facility set forth in Section 12-10. Any enlargement or extension to an existing conforming facility need not provide industrial floor space, business-sized storage, or apply for special permit of the City Planning Commission pursuant to Section 74-192, as applicable, provided there is no increase in lot area of the zoning lot as it existed on December 19, 2017. In the event that a building for which satisfactory documentation has been filed with the Department of Buildings is damaged or destroyed by any means, such building may be reconstructed on the same zoning lot and continue as a self-service storage facility without providing industrial floor space or business-sized storage, as applicable, provided that the floor area of such reconstructed self-service storage facility does not exceed the floor area permitted pursuant to the provisions of Section 43-10 (FLOOR AREA REGULATIONS), inclusive.

        Any self-service storage facility existing on December 19, 2017, that does not file such documentation satisfactory to the Department of Buildings pursuant to the provisions of this Section shall be considered non-conforming and subject to the provisions of Article V (NON-CONFORMING USES AND NON-COMPLYING BUILDINGS) of this Resolution.


 

For uses denoted with a “P” in Section 42-191 (Use Group IX – general use allowances), the following provisions shall apply:

  1. Boat storage shall be restricted to boats less than 100 feet in length.
  2. Public parking garages and public parking lots shall be subject to the provisions set forth in Section 44-026 (Applicability of regulations to public parking garages and public parking lots).
  3. All uses denoted with a “P” in Section 42-191 (Use Group IX – general use allowances), except boat storage, public parking garages and public parking lots, shall conform to the performance standards set forth in Sections 42-40 (PERFORMANCE STANDARDS) through 42-48 (Performance Standards Regulating Humidity, Heat or Glare), inclusive. 
     

For uses denoted with a “U” in Section 42-191 (Use Group IX – general use allowances), a use may be open or enclosed except that:

  1. building materials or contractors’ yard, including sales, storage, or handling of building materials, may be open or enclosed provided that any yard in which such use is conducted is completely enclosed on all sides by a solid opaque fence or wall (including opaque solid entrance and exit gates) of suitable uniform material and color, at least eight feet in height and constructed in accordance with rules and regulations to be promulgated by the Commissioner of Buildings;
  2. boat storage may be conducted outside a completely enclosed building only if located at a distance greater than 100 feet from a Residence District boundary; and
  3. public parking garages may be open or enclosed, provided that no portion of such use shall be located on a roof other than a roof which is immediately above a cellar or basement.

In all Manufacturing Districts, after December 15, 1961, any use thereafter established or changed to a use listed in Use Group 11A, 16, 17, or 18, and every building or other structure or open area of a zoning lot thereafter developed, constructed, or used for any use listed in Use Group 11A, 16, 17, or 18, shall comply with each and every performance standard governing noise, vibration, smoke and other particulate matter, odorous matter, toxic or noxious matter, radiation hazards, fire and explosive hazards, humidity, heat or glare applicable to the district in which such use, building or other structure or open area is located.

If any existing use or building or other structure is extended, enlarged or reconstructed after December 15, 1961, the applicable district regulations for each and every performance standard shall apply with respect to such extended, enlarged, or reconstructed portion or portions of such use or building or other structure.

In case of any conflict between the Use Groups and the performance standards, the latter shall control. Uses listed in Use Group 18 are permitted in M1 or M2 Districts (as well as M3 Districts) if such uses comply with all of the applicable performance standards for such districts.

In case of any conflict between the performance standards and the rules and regulations adopted by the Department of Environmental Protection, the more restrictive shall apply.

42-211

Definitions

For the purposes of this Section, the following terms are defined:

        

Decibel

A "decibel" is a unit of measurement of the intensity of sound (the sound pressure level).

        

Impact noise analyzer

An "impact noise analyzer" is an instrument used in conjunction with the sound level meter to measure the peak intensities of short duration sounds.

        

Octave band

An "octave band" is one of a series of eight bands which cover the normal range of frequencies included in sound measurements. Such octave bands serve to define the sound in terms of its pitch components.

        

Octave band analyzer

An "octave band analyzer" is an instrument used in conjunction with a sound level meter to measure sound in each of eight octave bands.

        

Sound level meter

A "sound level meter" is an instrument standardized by the American Standards Association, which is used for measurement of the intensity of sound and is calibrated in decibels.

For the purpose of measuring the intensity or frequency of sound, the sound level meter, the octave band analyzer, and the impact noise analyzer shall be employed.

The "C" network and the "slow" meter response of the sound level meter shall be used. Sounds of short duration, as from forge hammers, punch presses, and metal shears, which cannot be measured accurately with the sound level meter, shall be measured with the impact noise analyzer as manufactured by the General Radio Company, or its equivalent, in order to determine the peak value of the impact. For sounds so measured, the sound pressure levels set forth in Section 42-213 (Maximum permitted decibel levels) may be increased by six decibels.

In all Manufacturing Districts, the sound pressure level resulting from any activity, whether open or enclosed, shall not exceed, at any point on or beyond any lot line, the maximum permitted decibel levels for the designated octave band as set forth in the following table for the district indicated.

In the enforcement of this regulation, sounds produced by the operation of motor vehicles or other transportation facilities shall not be included in determining the maximum permitted decibel levels.

MAXIMUM PERMITTED SOUND PRESSURE LEVEL
(in decibels)

District

Octave Band

(cycles per second)

M1

M2

M3

20 to 75

79

79

80

75 to 150

74

75

75

150 to 300

66

68

70

300 to 600

59

62

64

600 to 1,200

53

56

58

1,200 to 2,400

47

51

53

2,400 to 4,800

41

47

49

Above 4,800

39

44

46

Whenever a Manufacturing District adjoins a Residence District, at any point at the district boundary or within the Residence District, the maximum permitted decibel levels in all octave bands shall be reduced by six decibels from the maximum levels set forth in the table in Section 42-213 (Maximum permitted decibel levels).

42-221

Definitions

For the purposes of this Section, the following terms are defined:

        

Frequency

A "frequency" is the number of oscillations per second of a vibration.

        

Impact vibrations

"Impact vibrations" are earth-borne oscillations occurring in discrete pulses at or less than 100 pulses per minute.

        

Steady state vibrations

"Steady state vibrations" are earth-borne oscillations that are continuous. Discrete pulses that occur more frequently than 100 times per minute shall be considered to be steady state vibrations.

        

Three-component measuring system

A "three-component measuring system" is a device for recording the intensity of any vibration in three mutually perpendicular directions.

For the purpose of measuring vibration, a three-component measuring system approved by the Commissioner of Buildings shall be employed.

In all Manufacturing Districts, no activity shall cause or create a steady state vibration at any point on any lot line, with a displacement in excess of the permitted steady state vibration displacement for the frequencies as set forth in the following table for the district indicated.

MAXIMUM PERMITTED STEADY STATE VIBRATION DISPLACEMENT
(in inches)

District

Frequency
(cycles per second)

M1

M2

M3

10 and below

.0008

.0020

.0039

10 - 20

.0005

.0010

.0022

20 - 30

.0003

.0006

.0011

30 - 40

.0002

.0004

.0007

40 - 50

.0001

.0003

.0005

50 - 60

.0001

.0002

.0004

60 and over

.0001

.0001

.0004

In all Manufacturing Districts, no activity shall cause or create an impact vibration, at any point on any lot line, with a displacement in excess of the permitted impact vibration displacement for the frequencies as set forth in the following table for the district indicated.

MAXIMUM PERMITTED IMPACT VIBRATION DISPLACEMENT
(in inches)

District

Frequency

(cycles per second)

M1

M2

M3

10 and below

.0016

.0040

.0078

10 - 20

.0010

.0020

.0044

20 - 30

.0006

.0012

.0022

30 - 40

.0004

.0008

.0014

40 - 50

.0002

.0006

.0010

50 - 60

.0002

.0004

.0008

60 and over

.0002

.0002

.0008

Whenever an M2 or M3 District adjoins a Residence District, the steady state and impact vibration displacement, measured at the district boundary, shall not exceed the maximum permitted for an M1 District for the frequencies as set forth in the tables in Section 42-223 (Maximum permitted steady state vibration displacement) or Section 42-224 (Maximum permitted impact vibration displacement).

42-231

Definitions

For the purposes of this Section, the following terms are defined:

        

Combustion for indirect heating

"Combustion for indirect heating" is the burning of fuel in equipment, such as steam boilers, water or air heaters, stills, or brew kettles, where there is no contact between the products of combustion and the materials being heated.

        

Dust

"Dust" is solid particulate matter capable of being air- or gas-borne.

        

Particulate matter

"Particulate matter" is any finely divided liquid or solid matter capable of being air- or gas-borne.

        

Process weight

"Process weight" is the total weight of all materials used in any process which discharges dust into the atmosphere. Such materials shall include solid fuels, but not liquid or gaseous fuels or combustion air.

        

Smoke

"Smoke" is any visible emission into the open air from any source, except emissions of an uncontaminated water vapor.

        

Smoke unit

A "smoke unit" is a measure of the quantity of smoke being discharged and is the number obtained by multiplying the smoke density in a Standard Smoke Chart number by the time of emission in minutes. For example, the emission of Standard Smoke Chart number 1 for one minute equals one smoke unit.

        

Standard Smoke Chart numbers

"Standard Smoke Chart numbers" are the numbers on the Standard Smoke Chart of the Department of Air Pollution Control that coincide most nearly with the grids on the Standard Smoke Chart indicating graduations of light-obscuring capacity of smoke.

In all Manufacturing Districts, the density of emission of smoke during normal operations shall not exceed Standard Smoke Chart number 2, and the quantity of smoke shall not exceed a maximum of 10 smoke units per hour per stack in M1 Districts, 20 such units in M2 Districts, and 30 such units in M3 Districts. The method of measurement, additional limitations on the emission of smoke of a density not exceeding Standard Smoke Chart number 2, and the maximum permitted density and quantity of smoke during special operations such as building new fires, banking, or cleaning fires, soot blowing, or process purging, shall be determined in accordance with rules and regulations adopted by the Department of Environmental Protection.

(a)        Related to combustion for indirect heating

In all Manufacturing Districts, the emission into the atmosphere of dust related to combustion for indirect heating from any source shall not exceed the maximum number of pounds of dust per million British thermal units heat input per hour as set forth herein:

(1)        In M1 Districts

In M1 Districts, the maximum permitted emission shall be 0.50 pounds for minimum-size plants producing a heat input of 10 million or less British thermal units per hour and 0.15 for maximum size plants producing a heat input of 10,000 million or more British thermal units per hour. All intermediate values shall be determined from a straight line plotted on log graph paper.

(2)        In M2 or M3 Districts

In M2 or M3 Districts, the maximum permitted emission for such minimum-size plants shall be 0.60 in M2 Districts and 0.70 in M3 Districts, and for such maximum-size plants shall be 0.16 in M2 Districts and 0.18 in M3 Districts. All intermediate values shall be determined from a straight line plotted on log graph paper.

(b)        Related to processes

In all Manufacturing Districts, the emission into the atmosphere of process dust or other particulate matter which is unrelated to combustion for indirect heating or incineration shall not exceed 0.50 pounds per hour for 100 pounds of process weight or 50 pounds per hour for 100,000 pounds of process weight. All intermediate values shall be determined from a straight line plotted on log graph paper.

(c)        Total limit on emission of dust or other particulate matter in M1 or M2 Districts

In M1 or M2 Districts the maximum amount of dust or other particulate matter from all sources including combustion for indirect heating, process dust, or combustion for incineration which may be emitted from a single stack or vent shall not exceed 33 pounds per hour in M1 Districts, nor 250 pounds per hour in M2 Districts.

(d)        Method of measurement and dust from incineration

In all Manufacturing Districts, the method of measurement and permitted emission of dust related to combustion for incineration shall not exceed the maximum allowances established under rules and regulations adopted by the Department of Environmental Protection.

(e)        Prevention of wind-blown air pollution

In all Manufacturing Districts, all storage areas, yards, service roads, or other untreated open areas within the boundaries of a zoning lot shall be improved with appropriate landscaping or paving, or treated by oiling or any other means as specified in rules and regulations adopted by the Department of Environmental Protection, so that dust or other types of air pollution borne by the wind from such sources shall be minimized.

In addition to the performance standards of regulating smoke and other particulate matter, the emission of such matter shall be so controlled in manner and quantity of emission as not to be detrimental to or endanger the public health, safety, comfort, or other aspects of the general welfare, or cause damage or injury to property.

In M1 or M2 Districts, the emission of odorous matter shall be in accordance with limits established by the Department of Environmental Protection. In addition to such limits, the emission of odorous matter in such quantities as to be readily detectable at any point along lot lines or to produce a public nuisance or hazard beyond lot lines is prohibited.

In M3 Districts, the emission of odorous matter in such quantities as to produce a public nuisance or hazard at or beyond lot lines is prohibited.

42-251

Definitions

For the purposes of this Section, the following term is defined:

        

Toxic or noxious matter

"Toxic or noxious matter" is any solid, liquid, or gaseous matter, including but not limited to gases, vapors, dusts, fumes, and mists, containing properties which by chemical means are:

(a)        inherently harmful and likely to destroy life or impair health; or

(b)        capable of causing injury to the well-being of persons or damage to property.

In all Manufacturing Districts, the emission of toxic or noxious matter into the atmosphere shall be in accordance with limits established by the Department of Environmental Protection. In addition to such emission limits, the emission of such matter shall be so controlled that no concentration at or beyond lot lines shall be detrimental to or endanger the public health, safety, comfort, and other aspects of the general welfare, or cause damage or injury to property.

42-261

Definitions

For the purposes of this Section, the following term is defined:

        

Fireproof containers

"Fireproof containers" shall include steel or concrete containers and shall not include lead or other low-melting metals or alloys, unless the lead or low-melting metal or alloys are completely encased in steel.

In M1 Districts, unsealed radioactive materials shall not be manufactured, utilized, or stored (unless such materials are stored in a fireproof container at or below ground level) in excess of one million times the quantities set forth in Column 1 of the table in Section 38-2 of the Industrial Code Rule No. 38, relating to Radiation Protection adopted by the Board of Standards and Appeals of the New York State Department of Labor on October 10, 1955, effective December 15, 1955.

In M2 Districts, such materials shall not be manufactured, utilized, or stored (unless such materials are stored in a fireproof container at or below ground level) in excess of 10 million times the quantities set forth in Column 1 of the table cited in this Section. In M3 Districts no limits as to such permitted quantities shall apply.

In M1 or M2 Districts, no one of the following fissionable materials shall be assembled at any one point, place, or work area on a zoning lot in a quantity equal to or in excess of the amount set forth herein:

Material

Quantity

Uranium-233

200 grams

Plutonium-239

200 grams

Uranium-235

350 grams

In addition, any establishment which provides radiation waste disposal services in the nature of collection or storage of radioactive waste from other manufacturing uses shall be prohibited in M1 or M2 Districts.

The Department of Health shall have exclusive jurisdiction to enforce and administer these hazards in accordance with the rules and regulations promulgated by the Board of Health. An appeal may be made to the Board of Health to permit the manufacture, utilization, or storage of unsealed radioactive materials or fissionable materials, in excess of the quantities set forth in Section 42-262 (Maximum permitted quantities of unsealed radioactive material) or Section 42-263 (Maximum permitted quantities of fissionable materials). In any case where the Board of Health determines that the radiation hazard on or beyond any lot line is remote and minimal, even in the event of an accident, the Board may permit such additional quantity.

42-271

Definitions

For the purposes of this Section, the following terms are defined:

        

Flammable or explosive

"Flammable or explosive" materials are materials which produce flammable or explosive vapors or gases under ordinary weather temperature, including liquids with an open cup flash point of less than 100 degrees F.

        

Free burning

"Free burning" materials are materials constituting an active fuel.

        

Intense burning

"Intense burning" materials are materials which by virtue of low ignition temperature, high rate of burning, and large heat evolution burn with great intensity.

        

Moderate burning

"Moderate burning" materials are materials which in themselves burn moderately and may contain small quantities of a higher grade of combustibility.

        

Open cup flash point

The "open cup flash point" is the temperature at which a liquid sample produces sufficient vapor to flash but not ignite when in contact with a flame in a Tagliabue open cup tester.

        

Original sealed containers

"Original sealed containers" are containers with a capacity of not more than 55 gallons.

        

Slow burning

"Slow burning" materials are materials which will not ignite or actively support combustion during an exposure for five minutes to a temperature of 1,200 degrees F. and which, therefore, do not constitute an active fuel.

For the purposes of this Section, materials are divided into four classifications or ratings based on the degree of fire and explosive hazard. The rating of liquids is established by specified open cup flash points as set forth in this Section, and the Board of Standards and Appeals shall determine the rating of solids under this Section.

(a)        Class I includes slow burning to moderate burning materials. This shall include all liquids with an open cup flash point of 182 degrees F. or more.

(b)        Class II includes free burning to intense burning materials. This shall include all liquids with an open cup flash point between 100 and 182 degrees F.

(c)        Class III includes materials which produce flammable or explosive vapors or gases under ordinary weather temperature. This shall include all liquids with an open cup flash point of less than 100 degrees F.

(d)        Class IV includes materials which decompose by detonation, including but not limited to all primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; all high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine, and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles and ozonides; and strong oxidizing agents such as perchloric acid, perchlorates, chlorates, chlorites, or hydrogen peroxide in concentrations greater than 35 percent.