Chapter 2 | Zoning Resolution

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42-00

GENERAL PROVISIONS

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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:

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.
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).
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.
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.
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.

42-01

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 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.

(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.

42-10

USE ALLOWANCES

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:

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 (“–”).
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

42-11

Use Group I – Agriculture and Open Uses

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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:

Section 42-111 (Use Group I – general use allowances) which includes the compilation of uses in the Use Group table;
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;
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;
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
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.

42-111

Use Group I – general use allowances

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

42-112

Use Group I – uses subject to additional conditions

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

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.
Outdoor racket courts are permitted in M1 Districts provided that all lighting shall be directed away from nearby residences.

42-113

Use Group I – uses subject to open use allowances

For uses denoted with a “U” in Section 42-111 (Use Group I – general use allowances), a use may be open or enclosed without restriction.

42-114

Use Group I – uses permitted by special permit

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).

42-115

Use Group I – additional provisions for parking requirement category

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.

42-12

Use Group II - Residences

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

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);
In M1-6D Districts, in accordance with Section 42-322 (Use regulations in M1-6D Districts);
In M1-5M and M1-6M Districts, in accordance with Section 42-323 (Use regulations in M1-5M and M1-6M Districts); and
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).

42-13

Use Group III – Community Facilities

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:

Section 42-131 (Use Group III – general use allowances) which includes the compilation of uses in the Use Group tables;
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;
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
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.

42-131

Use Group III – general use allowances

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

42-132

Use Group III – uses subject to additional conditions

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

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.
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.
Museums 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 74-134 (Other community facility uses in M1 Districts).

42-133

Use Group III – uses permitted by special permit

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

Schools may be permitted in M1 Districts by special permit of the Board of Standards and Appeals, in accordance with Section 73-133 (Schools).
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).

42-134

Use Group III – additional provisions for parking requirement category

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.

42-14

Use Group IV – Public Service Facilities and Infrastructure

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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:

Section 42-141 (Use Group IV – general use allowances) which includes the compilation of uses in the Use Group tables;
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;
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;
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
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.

42-141

Use Group IV – general use allowances

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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

42-142

Use Group IV – uses subject to size limitations

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.

42-143

Use Group IV – uses subject to additional conditions

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

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.
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).
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.

42-144

Use Group IV – uses subject to open use allowances

For uses denoted with a “U” in Section 42-141 (Use Group IV – general use allowances), a use may be open or enclosed without restriction.

42-145

Use Group IV – uses permitted by special permit

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

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).
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).

42-15

Use Group V – Transient Accommodations

†

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:

Section 42-151 (Use Group V – general use allowances) which includes the compilation of uses in the Use Group table;
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;
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
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.

42-151

Use Group V – general use allowances

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	–	–	*

42-152

Use Group V – uses subject to additional conditions

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.

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.
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.
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.
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).
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).

42-153

Use Group V – uses subject to open use allowances

For uses denoted with a “U” in Section 42-151 (Use Group V – general use allowances), the provisions of this Section shall apply. In all Manufacturing Districts, overnight camps may be unenclosed without restriction.

42-154

Use Group V – additional provisions for parking requirement category

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.

42-16

Use Group VI – Retail and Services

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:

Section 42-161 (Use Group VI – general use allowances) which includes the compilation of uses in the Use Group tables;
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;
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;
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
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).

42-161

Use Group VI – general use allowances

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
Other motor vehicle dealers (4412)	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
Building material and supplies dealers (4441)	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
Book retailers and news dealers (4592)	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
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	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
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	● _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
Other personal services (8129)	All other personal services (in 8129)	●	●	●	A3

42-162

Use Group VI - uses subject to size limitations

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:

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
fuel dealers in all Manufacturing Districts shall be limited to 5,000 square feet of floor area per establishment.

42-163

Use Group VI – uses subject to additional conditions

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

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.
Recreational boat repair services in all Manufacturing Districts shall be restricted to boats less than 100 feet in length.
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.

42-164

Use Group VI – uses subject to open use allowances

For uses denoted with a “U” in Section 42-161 (Use Group VI – general use allowances), a use may be open or enclosed without restriction, except that for eating or drinking establishments, such open use shall be limited to outdoor table service.

42-165

Use Group VI – additional provisions for parking requirement category

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:

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.
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.

42-17

Use Group VII – Offices and Laboratories

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

42-18

Use Group VIII – Recreation, Entertainment and Assembly Spaces

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:

Section 42-181 (Use Group VIII – general use allowances) which includes the compilation of uses in the Use Group table;
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;
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;
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;
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
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).

42-181

Use Group VIII – general use allowances

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

42-182

Use Group VIII – uses subject to size limitations

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

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).
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).

42-183

Use Group VIII – uses subject to additional conditions

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

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.
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.

42-184

Use Group VIII – uses subject to open use allowances

For uses denoted with a “U” in Section 42-181 (Use Group VIII – general use allowances), a use may be open or enclosed without restriction, except that stables in all Manufacturing Districts shall be enclosed.

42-185

Use Group VIII – uses permitted by special permit

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

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).
Racetracks may be permitted in all Manufacturing Districts by special permit of the City Planning Commission, in accordance with Section 74-184 (Racetracks).

42-186

Use Group VIII – additional provisions for parking requirement category

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.

42-19

Use Group IX – Storage

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 42-191 (Use Group IX – general use allowances) which includes the compilation of uses in the Use Group tables;
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;
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
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.

42-191

Use Group IX – general use allowances

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

42-192

Use Group IX – uses permitted with limited applicability

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

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).
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.

42-193

Use Group IX – uses subject to additional conditions

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

Boat storage shall be restricted to boats less than 100 feet in length.
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).
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.

42-194

Use Group IX – uses subject to open use allowances

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:

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;
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
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.

42-20

Use Group X – Production Uses

M1 M2 M3

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 42-201 (Use Group X – general use allowances) which includes the compilation of uses in the Use Group table; and
Section 42-202 (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.

The provisions of Section 42-202, 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).

42-201

Use Group X - general use allowances

The following table includes uses classified as Use Group X and sets forth their allowances by Manufacturing District. Notations found in the table are further described in Section 42-10 (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)					M1	M2	M3	PRC
Food Manufacturing (311)
Animal food manufacturing (3111)					● _P	● _P	● _P	D1
Sugar and confectionary product manufacturing (3113)		Sugar manufacturing (31131)			● _P	● _P	● _P	D1
Sugar and confectionary product manufacturing (3113)		All other sugar and confectionary product manufacturing (in 3113)			● _P	● _P	● _P	D1
Animal slaughtering and processing (3116)					● _P	● _P	● _P	D1
Seafood product preparation and packaging (3117)					● _P	● _P	● _P	D1
All other food manufacturing (in 311)					● _P	● _P	● _P	D1
Beverage and Tobacco Product Manufacturing (312)
Beverage manufacturing (3121)	Distilleries (31214)				● _P	● _P	● _P	D1
Beverage manufacturing (3121)	All other beverage manufacturing (in 3121)				● _P	● _P	● _P	D1
Tobacco manufacturing (3122)					● _P	● _P	● _P	D1
Textile & Textile Product Mills (313–314)
Textile mills (313)					● _P	● _P	● _P	D1
Textile product mills (314)					● _P	● _P	● _P	D1
Apparel Manufacturing (315)
Apparel manufacturing (315)					● _P	● _P	● _P	D1
Leather and Allied Product Manufacturing (316)
Leather and hide tanning and finishing (3161)					● _P	● _P	● _P	D1
Footwear manufacturing (3162)					● _P	● _P	● _P	D1
Other leather and allied product manufacturing (3169)					● _P	● _P	● _P	D1
Wood Product Manufacturing (321)
Sawmills and wood preservation (3211)					● _P	● _P	● _P	D1
Veneer, plywood, and engineered wood product manufacturing (3212)					● _P	● _P	● _P	D1
Other wood product manufacturing (3219)					● _P	● _P	● _P	D1
Paper Manufacturing (322)
Pulp, paper, and paperboard mills (3221)					● _P	● _P	● _P	D1
Converted paper product manufacturing (3222)	Stationary product manufacturing (32223)				● _P	● _P	● _P	D1
Converted paper product manufacturing (3222)	All other converted paper product manufacturing (in 3222)				● _P	● _P	● _P	D1
Printing and Related Support Activities (323)
Printing and related support activities (3231)					● _P	● _P	● _P	D1
Petroleum and Coal Products Manufacturing (324)
Petroleum and coal products manufacturing (3241)					● _P	● _P	● _P	D1
Chemical Manufacturing (325)
Pharmaceutical and medicine manufacturing (3254)					● _P	● _P	● _P	D1
Soap, cleaning compound, and toilet preparation manufacturing (3256)	Soap and other detergent manufacturing (325611)				● _P	● _P	● _P	D1
	All other soap, cleaning compound and toilet preparation manufacturing (in 3256)				● _P	● _P	● _P	D1
All other chemical manufacturing (in 325)					● _P	● _P	● _P	D1
Plastics and Rubber Products Manufacturing (326)
Plastics and rubber products manufacturing (326)					● _P	● _P	● _P	D1
Nonmetallic Mineral Product Manufacturing (327)
Clay product and refractory manufacturing (3271)			Clay building material and refractories manufacturing (32712)		● _P	● _P	● _P	D1
Clay product and refractory manufacturing (3271)			All other clay product and refractory manufacturing (in 3271)		● _P	● _P	● _P	D1
Glass and glass product manufacturing (3272)			Flat glass manufacturing (327211)		● _P	● _P	● _P	D1
			Other pressed and blown glass and glassware manufacturing (327212)		● _P	● _P	● _P	D1
			All other glass and glass product manufacturing (in 3272)		● _P	● _P	● _P	D1
All other nonmetallic mineral product manufacturing (in 327)					● _P	● _P	● _P	D1
Primary Metal Manufacturing and Fabricated Metal Product Manufacturing (331–332)
Primary metal manufacturing (331)					● _P	● _P	● _P	D1
Fabricated metal product manufacturing (332)				Cutlery and Handtool manufacturing (3322)	● _P	● _P	● _P	D1
Fabricated metal product manufacturing (332)				All other fabricated metal product manufacturing (in 332)	● _P	● _P	● _P	D1
Machinery Manufacturing (333)
Agriculture, construction, and mining machinery manufacturing (3331)					● _P	● _P	● _P	D1
All other machinery manufacturing (in 333)					● _P	● _P	● _P	D1
Computer and Electronic Product Manufacturing (334)
Computer and peripheral equipment manufacturing (334)					● _P	● _P	● _P	D1
Electrical Equipment, Appliance, and Component Manufacturing (335)
Electric lighting equipment manufacturing (3351)					● _P	● _P	● _P	D1
Household appliance manufacturing (3352)	Small electrical appliance manufacturing ( 33521)				● _P	● _P	● _P	D1
Household appliance manufacturing (3352)	Major household appliance manufacturing (33522)				● _P	● _P	● _P	D1
All other electrical equipment and component manufacturing (in 335)					● _P	● _P	● _P	D1
Transportation Equipment Manufacturing (336)
Transportation equipment manufacturing (336)					● _P	● _P	● _P	D1
Furniture and Related Product Manufacturing (337)
Furniture and related product manufacturing (337)					● _P	● _P	● _P	D1
Miscellaneous Manufacturing (339)
Medical equipment and supplies manufacturing (3391)					● _P	● _P	● _P	D1
Other miscellaneous manufacturing (3399)					● _P	● _P	● _P	D1

42-202

Use Group X – uses subject to additional conditions

For uses denoted with a “P” in Section 42-201 (Use Group X – general use allowances), the provisions of this Section shall apply. Permitted uses in all Manufacturing Districts 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. However, beverage manufacturing establishments shall not be subject to the provisions of Section 42-47 (Performance Standards Regulating Fire and Explosive Hazards).

42-30

SPECIAL PROVISIONS APPLICABLE TO CERTAIN AREAS AND DISTRICTS

42-31

Use of Railroad or Transit Air Space

In all Manufacturing 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), a railroad passenger station permitted by the City Planning Commission as set forth in Section 74-149 (Railroad Passenger Stations) or an open vehicle storage establishment authorized pursuant to this Section 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 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 ownership arrangements specified in the zoning lot definition of 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 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 created 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, and 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 and which is executed and recorded as specified in the definition of zoning lot in Section 12-10.

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.

In an M1-1 District, on the block bounded by Vanderbilt Avenue, Atlantic Avenue, Carlton Avenue and Pacific Street in the Borough of Brooklyn, the Commission may authorize the use of railroad or transit air space for an open vehicle storage establishment provided the Commission makes the following findings:
1. that adequate access to one or more streets is provided;
2. that access to such use is located on a street not less than 60 feet in width;
3. that the proposed open vehicle storage establishment will result in reducing the number of vehicles standing on nearby streets; and
4. that such establishment is located not less than 20 feet below curb level except for access ramps to the street or streets.

For the purpose of this authorization a secondary access ramp may be permitted provided that the intersection of such ramp and the street shall be no more than two blocks from the intersection of the primary access ramp and a street.

The Commission may prescribe appropriate conditions and safeguards to minimize any adverse effects on the character of the surrounding area, including requirements for the shielding of flood lights, screening, and surfacing of all access ramps or driveways.

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).

42-32

Special Regulations Applicable to Certain Districts

42-321

Residential uses in M1-1D through M1-5D Districts