Chapter 2 | Zoning Resolution

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32-00

GENERAL PROVISIONS

†

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

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

The use provisions of this Chapter may be modified or superseded by special rules for certain areas in Article I (GENERAL PROVISIONS), Article VI (Special Regulations Applicable to Certain Areas), and through Special Purpose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

32-01

Special Provisions for Adult Establishments

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

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

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

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

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

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

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

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

32-10

USE ALLOWANCES

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

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

Such notations are illustrated in the following diagram:

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

Use Group tables, except in Section 32-12 (Use Group II – Residences), also show the parking requirement category, denoted as “PRC”, for the applicable use, where applicable. PRC letters A through G refer to the classification of commercial uses to determine required accessory off-street parking spaces as set forth in the table in Section 36-21 (General Provisions). Subcategories within, denoted by number suffices, indicate variations of the same parking category. Where the PRC for a use is denoted as “N/A”, no parking requirement applies except as specified in other provisions of this Resolution.

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

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

ILLUSTRATIVE EXAMPLE

32-11

Use Group I – Agriculture and Open Uses

C1 C2 C3 C4 C5 C6 C7 C8

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

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

32-111

Use Group I – general use allowances

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

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

32-112

Use Group I – uses subject to size limitations

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

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

32-113

Use Group I – uses subject to additional conditions

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

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

32-114

Use Group I – uses subject to open use allowances

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

32-115

Use Group I – uses permitted by special permit

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

32-116

Use Group I – additional provisions for parking requirement category

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

32-12

Use Group II – Residences

C1 C2 C3 C4 C5 C6 C7 C8

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

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

32-121

Use Group II – general use allowances

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

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

32-122

Use Group II – uses permitted with limited applicability

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

32-123

Use Group II – uses subject to additional conditions

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

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

32-13

Use Group III – Community Facilities

C1 C2 C3 C4 C5 C6 C7 C8

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

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

32-131

Use Group III – general use allowances

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

A. Community Facilities with Sleeping Accommodations

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

B. Community Facilities without Sleeping Accommodations

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

32-132

Use Group III – uses subject to size limitations

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

32-133

Use Group III – uses subject to additional conditions

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

Monasteries, convents or novitiates in C8 Districts, used only for living purposes, are permitted provided that such use is to be part of a group of buildings accommodating house of worship activities, schools or other house of worship facilities that existed on December 15, 1961, or any applicable subsequent amendment thereto, and that such use is to be located on the same zoning lot with one or more buildings in such group of buildings or on a zoning lot that is contiguous thereto or directly across the street on which such buildings face.
Long-term care facilities in C1 through C7 Districts are permitted except that in certain areas, the following provisions shall apply:
1. In the high-risk flood zone, as defined in Section 64-11 (Definitions), or within the areas set forth in APPENDIX K (Areas With Nursing Home Restrictions), the development of nursing homes and nursing home portions of continuing care retirement communities, as defined in the New York State Public Health Law, or the enlargement of an existing nursing home that increases such floor area by more than 15,000 square feet, shall not be permitted on any portion of a zoning lot that is located within such areas.
2. In Community District 11 in the Borough of the Bronx, Community District 8 in the Borough of Manhattan, and Community District 1 in the Borough of Staten Island, developments of nursing homes, as defined in the New York State Public Health Law, or enlargements of existing nursing homes that increase the existing floor area by 15,000 square feet or more, are permitted only by special permit of the City Planning Commission pursuant to Section 74-131 (Long-term care facilities). However, such special permit may not be applied to developments or enlargements that are subject to the restrictions set forth in paragraph (a) of this Section.
Non-profit hospital staff dwellings in all Commercial Districts shall be located on the same zoning lot as the non-profit or voluntary hospital and related facilities or on a separate zoning lot that is immediately contiguous thereto. However, in C1 through C7 Districts, such separate zoning lot may also include those that would be contiguous but for its separation by a street or a street intersection. Such conditions may be further modified by special permit of the City Planning Commission, in accordance with Section 74-132 (Non-profit hospital staff dwelling).
Ambulatory diagnostic or treatment health care facilities in all Commercial Districts shall be limited to public, private, for-profit or not-for-profit medical, health and mental health care facilities licensed by the State of New York, or a facility in which patients are diagnosed or treated by health care professionals, licensed by the State of New York or by persons under the supervision of such licensee for medical, health or mental health conditions, and where such patients are ambulatory rather than admitted. Such facilities shall not include the practice of veterinary medicine or ophthalmic dispensing.
Non-commercial clubs as classified in this Use Group, in all Commercial Districts, shall not include:
1. clubs, the chief activity of which is a service predominantly carried on as a business;
2. non-commercial outdoor swimming pool clubs; or
3. any other non-commercial clubs with outdoor swimming pools located less than 500 feet from any lot line.

32-134

Use Group III – uses permitted by special permit

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

32-135

Use Group III – additional provisions for parking requirement category

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

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

32-14

Use Group IV – Public Service Facilities and Infrastructure

C1 C2 C3 C4 C5 C6 C7 C8

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

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

32-141

Use Group IV – general use allowances

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

A. Public Service Facilities

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

B. Infrastructure

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

C. Renewable Energy and Green Infrastructure

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

32-142

Use Group IV – uses subject to size limitations

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

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

32-143

Use Group IV – uses subject to additional conditions

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

For telephone exchanges or other communications equipment structures in C1 or C2 Districts, or C4 through C8 Districts, and not existing on December 15, 1961, the height above curb level shall not exceed that attributable to commercial buildings of equivalent lot coverage, having an average floor to floor height of 14 feet above the lobby floor which may be as much as 25 feet in height. For the purpose of making this height computation, the gross area of all floors of the building including accessory mechanical equipment space except the cellar shall be included as floor area. Such height computation for the structure shall not preclude the ability to utilize unused floor area anywhere on the zoning lot or by special permit, subject to the normal provisions of the Resolution.
Docks in all Commercial Districts shall be limited to ferries, water taxis, sightseeing, excursion or sport fishing vessels, and non-commercial pleasure boats, except that:
1. In C6 Districts, docks for passenger ocean vessels may be permitted by special permit by the City Planning Commission, in accordance with Section 62-833 (Docks for passenger ocean vessels in C6 Districts).
2. In all Commercial Districts, docks for gambling vessels may be permitted by special permit by the City Planning Commission, in accordance with Section 62-838 (Docks for gambling vessels).
3. In Community District 1 in the Borough of Brooklyn, docks for ferries and water taxis shall be allowed provided that such docks are certified by the Chairperson of the City Planning Commission pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas).
Public transit yards in C8 Districts shall conform to the performance standards for M1 Districts as set forth in Sections 42-40 (PERFORMANCE STANDARDS) through 42-48 (Performance Standards Regulating Humidity, Heat or Glare), inclusive.
Energy infrastructure equipment in all Commercial Districts, except in C8 Districts, are subject to the screening and enclosure provisions of Section 37-20 (SCREENING AND ENCLOSURE PROVISIONS).

32-144

Use Group IV – uses subject to open use allowances

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

32-145

Use Group IV – uses only permitted by special permit

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

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

32-15

Use Group V – Transient Accommodations

†

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

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

32-151

Use Group V – general use allowances

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

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

32-152

Use Group V – uses permitted with limited applicability

For uses denoted with a “♦” in Section 32-151 (Use Group V – general use allowances), the provisions of this Section shall apply. In C1 or C2 Districts that are select commercial overlays, motels, tourist cabins or transient hotels, as permitted pursuant to the provisions of Section 32-153 (Use Group V – uses subject to additional conditions), shall be located on a zoning lot in whole or in part within a 1,000-foot radius of the entrance or exit of a limited-access expressway, freeway, parkway, or highway, all of which prohibit direct vehicular access to abutting land and provide complete separation of conflicting traffic flows, measured from the centerline of the entrance or exit ramp at its intersection with the nearest adjacent street.

32-153

Use Group V – uses subject to additional conditions

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

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

Applicability

A special permit for transient hotels, by the City Planning Commission, pursuant to Section 74-152 (In Commercial Districts) shall be applicable to:
1. the development of a transient hotel;
2. a change of use or conversion to a transient hotel, or an enlargement, containing a transient hotel, of a building that, as of December 9, 2021, did not contain such use; or
3. an enlargement or extension of a transient hotel that existed prior to December 9, 2021, that increases the floor area of such use by 20 percent or more.
Exclusions

Notwithstanding the above, the provisions of this Section shall not apply to the following:
1. a transient hotel operated exclusively for the public purpose of temporary housing assistance by the City or State of New York, or operated by a non-governmental entity pursuant to an active contract or other written agreement with an agency of the City or State specifying such public purpose;
2. where an application for a project containing a transient hotel, including an application for an extension of time to complete construction, has been filed at the Board of Standards and Appeals before December 9, 2021 and such application has been approved after January 1, 2018, provided that:
  1. such transient hotel was considered in such application, as evidenced by its description or assessment at a specified location in an application or in environmental review documents; and
  2. in the event that a temporary or final certificate of occupancy has not been issued by December 9, 2027, the building permit shall automatically lapse and the right to continue construction shall terminate. An application to renew the building permit may be made to the Board of Standards and Appeals not more than 30 days after the lapse of such building permit pursuant to the applicable provisions of Section 11-332 (Extension of period to complete construction); or
3. where an application for a project containing a transient hotel has been certified by the City Planning Commission before December 9, 2021, and has been approved by the Commission after January 1, 2018, provided that:
  1. such transient hotel was considered in such application, as evidenced by its description or assessment at a specified location in a land use application or in environmental review documents; and
  2. in the event that a temporary or final certificate of occupancy has not been issued by December 9, 2027, the building permit shall automatically lapse and the right to continue construction shall terminate. An application to renew the building permit may be made to the Board of Standards and Appeals not more than 30 days after the lapse of such building permit pursuant to the applicable provisions of Section 11-332. For such applications where a special permit for a transient hotel has been certified by the Commission pursuant to a Special Purpose District, such application may continue pursuant to the regulations and term of years proposed or in effect at the time such special permit was certified by the Commission.
Existing hotels
1. Any transient hotel existing on December 9, 2021, shall be considered a conforming use and may be continued, structurally altered, extended or enlarged subject to the limitations set forth in this Section and subject to the applicable bulk regulations. However, if for a continuous period of two years such transient hotel is discontinued, the space allocated to such transient hotel shall thereafter be used only for a conforming use other than a transient hotel, or may be utilized for a transient hotel only if the Commission grants a special permit for such use in accordance with the provisions of Section 74-152 or other applicable section of this Resolution.
2. The provisions of paragraph (c)(1) of this Section shall be modified up to December 9, 2027, to allow a transient hotel existing on December 9, 2021, to be restored to such use regardless of more than two years of discontinuance of the use, and regardless of any change of use between December 9, 2021, and December 9, 2027.
3. In the event a casualty damages or destroys a transient hotel that was in such use as of December 9, 2021, such building may be reconstructed and used as a transient hotel without obtaining a special permit. A non-complying building may be reconstructed pursuant to Section 54-40 (DAMAGE OR DESTRUCTION IN NON-COMPLYING BUILDINGS).
Vesting regulations

The provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) regarding the right to continue construction shall apply. As an alternative, the following provisions shall apply.
1. If, on or before May 12, 2021, an application for a development, enlargement or conversion to a transient hotel has been filed with the Department of Buildings, and if, on or before December 9, 2022, the Department of Buildings has approved an application for a foundation, a new building or an alteration based on a complete zoning analysis showing zoning compliance for such transient hotel, such application may be continued, and construction may be started or continued.
2. However, in the case of an application for a development, enlargement or conversion to a transient hotel that has been filed with the Department of Buildings prior to January 1, 2018, and has not received a permit contingent on zoning approval on or before December 9, 2022, the provisions of paragraph (d)(1) of this Section shall not apply. In lieu thereof, the provisions of this paragraph shall apply. For such applications, if, on or before December 9, 2022 a permit contingent on zoning approval was lawfully issued by the Department of Buildings, such construction may be started or continued.
3. In the case of an application filed after December 9, 2021, for a development containing a transient hotel on a zoning lot located in the Theater Subdistrict of the Special Midtown District that as of December 9, 2021, has a lot area of 20,000 square feet or more; and for which at least 10,000 square feet of such lot area is clear of buildings or is occupied by buildings which are substantially vacant, or any combination thereof, the provisions of paragraph (d)(1) of this Section shall not apply. In lieu thereof, if on or before December 9, 2023, the Department of Buildings has approved an application for a foundation or a new building, based on a complete zoning analysis showing zoning compliance for such transient hotel, such application may be continued, and construction may be started or continued. For the purposes of this paragraph, “substantially vacant” shall mean that at least 90 percent of the floor area of a building is unoccupied.

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

In the event that a temporary or final certificate of occupancy has not been issued by December 9, 2027, the building permit shall automatically lapse and the right to continue construction shall terminate, provided that in the case of a development containing a transient hotel on a zoning lot that has a lot area of 20,000 square feet or more and is located in the Theater Subdistrict of the Special Midtown District, having vested status under the provisions of paragraph (d)(1) or (d)(3) of this Section, such period for issuance of a temporary or final certificate of occupancy shall be until December 9, 2031. An application to renew the building permit may be made to the Board of Standards and Appeals not more than 30 days after the lapse of such building permit pursuant to the applicable provisions of Section 11-332.

32-154

Use Group V – uses subject to open use allowances

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

32-155

Use Group V – uses permitted by special permit

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

32-156

Use Group V – additional provisions for parking requirement category

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

32-16

Use Group VI – Retail and Services

†

C1 C2 C3 C4 C5 C6 C7 C8

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

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

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

32-161

Use Group VI – general use allowances