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What is NYC ZR § 32-164?

Quick Answer

This section outlines the open use allowances for various uses in Use Group VI, detailing restrictions based on zoning districts. It specifies maximum open area limits for certain uses in C8 Districts and conditions for outdoor operations of boat dealers, lawn and garden retailers, eating establishments, and health and fitness establishments. Applies to property operators in specified commercial districts.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 32-164 Use Group VI – uses subject to open use allowances

ZR § 32-164

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

for the following uses in C8 Districts, the maximum open area on a zoning lot allocated to such use shall not exceed 5,000 square feet: Automotive equipment rental and leasing; Building material and supplies dealers; Commercial and industrial machinery and equipment rental and leasing; and Recreational goods rental;

boat dealers in C3 Districts may be conducted outside a completely enclosed building only if located at a distance greater than 100 feet from a Residence District boundary;

for lawn and garden equipment and supplies retailers or florists in C1 or C2 Districts, or C4 through C6 Districts, the maximum open area on a zoning lot allocated to such use shall not exceed 5,000 square feet. In C7 or C8 Districts, such use may be open or enclosed without restriction;

for eating or drinking establishments, such open use shall be limited to outdoor table service;

recreational boat repair in all Commercial Districts may be conducted outside a completely enclosed building only if located at a distance greater than 100 feet from a Residence District boundary; and

health and fitness establishments in all Commercial Districts may be unenclosed except in C1 through C7 Districts, high-intensity uses, as listed in the definition of health and fitness establishments, shall be located within completely enclosed buildings.

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