Limitation on location of FRESH food stores

After December 15, 2021, no certification shall be issued for increased residential floor area for a FRESH food store where the sum of the increased residential floor area generated pursuant to Section 63-21 (Special Floor Area Regulations) by all FRESH food stores within a half-mile radius of the zoning lot that is the subject of such certification would exceed 40,000 square feet.

Such calculation shall include increased residential floor area on all zoning lots containing FRESH food stores that have been certified by the Chairperson of the City Planning Commission pursuant to Section 63-30 (CERTIFICATION FOR A FRESH FOOD STORE), including those issued prior to December 15, 2021, provided that such certification has not expired, or has not been superseded by a certification pursuant to Section 63-40 (CERTIFICATION FOR CHANGE OF USE OF A FRESH FOOD STORE) or an authorization pursuant to Section 63-50 (AUTHORIZATION FOR BULK AND PARKING MODIFICATIONS).

However, for any area that has a sum of more than 40,000 square feet of increased residential floor area generated pursuant to Section 63-21, the Chairperson may certify a FRESH food store that was previously certified pursuant to Section 63-30, provided such certification has not lapsed and that there shall be no increase in the amount of increased residential floor area beyond what was previously certified for such FRESH food store.