NYC Zoning Resolution

§ 32-183 — Use Group VIII – uses subject to additional conditions

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What is NYC ZR § 32-183?

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This section outlines additional conditions for uses classified under Use Group VIII, including amusement facilities, gaming facilities, and motion picture theaters in specific zoning districts. It specifies performance standards and requirements for these facilities. Applies to building owners operating within designated commercial districts.

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§ 32-183 Use Group VIII – uses subject to additional conditions

ZR § 32-183

For uses denoted with a “P” in Section 32-181 (Use Group VIII – general use allowances), the following provisions shall apply:

Amusement or recreation facilities located in mixed buildings in C1 or C2 Districts that are select commercial overlays shall be subject to the provisions of Section 42-41 (Performance Standards Regulations), inclusive, for an M1 District adjoining a Residence District;

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 area 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.

Motion picture theaters, in a new or existing building in C1 or C2 Districts that are not select commercial overlays, C4-5, C4-6, C4-7, C4-8, C4-9, C4-11, C5, C6 and C8-4 Districts, shall provide a minimum of four square feet of waiting area within the zoning lot for each seat in such theater in order to prevent obstruction of street areas. The required waiting space shall be either in an enclosed lobby or open area that is covered or protected during inclement weather and shall not include space occupied by stairs or space within 10 feet of a refreshment stand or of an entrance to a public toilet. Such requirements shall not apply to any additional motion picture theater created by the subdivision of an existing motion picture theater.

Riding academies or stables in C8 Districts shall conform to the performance standards for M1 Districts as set forth in Section 42-40 (PERFORMANCE STANDARDS) through 42-48 (Performance Standards Regulating Humidity, Heat or Glare), inclusive.

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