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What is NYC ZR § 42-161?

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This section outlines the allowances for Use Group VI, which includes retail trade and general service establishments, categorized by Manufacturing District. It provides detailed classifications and restrictions for various types of businesses, including motor vehicle dealers, food retailers, and service providers. Applies to property operators in relevant manufacturing districts.

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

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§ 42-161 Use Group VI – general use allowances

ZR § 42-161

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

A4

Other motor vehicle dealers (4412)

Boat dealers (441222)

C

All other motor vehicle dealers (in 4412)

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)

A3

All other building material and supplies dealers (in 4441)

Lawn and garden equipment and supplies retailers (4442)

Food and Beverage Retailers (445)

Grocery and convenience retailers (4451)

●S

*

Specialty food retailers (4452)

Beer, wine and liquor retailers (4453)

Furniture, Home Furnishings, Electronics, and Appliance Retailers (449)

Furniture and home furnishing retailers (4491)

Electronics and appliance retailers (4492)

General Merchandise Retailers (455)

Department stores (4551)

Warehouse clubs, supercenters, and other general merchandise retailers (4552)

Health and Personal Care Retailers (456)

Health and personal care retailers (4561)

Gasoline Stations and Fuel Dealers (457)

Gasoline stations (4571)

Automotive service stations

●P U

N/A

Electric vehicle charging and battery swapping

Boat fuel sales

Fuel dealers (4572)

●S P U

Clothing, Clothing Accessories, Shoe and Jewelry Retailers (458)

Clothing and clothing accessories retailers (4581)

Shoe retailers (4582)

Jewelry, luggage, and leather goods retailers (4583)

Sporting Goods, Hobby, Musical Instrument, Book and Miscellaneous Retailers (459)

Sporting goods, hobby, and musical instrument retailers (4591)

Sporting goods retailers (45911)

All other hobby and musical instrument retailers (in 4591)

Book retailers and news dealers (4592)

Book retailers

News dealers

Florists (4593)

Office supplies, stationery, and gift retailers (4594)

Used merchandise retailers (4595)

Miscellaneous retailers (4599)

USE GROUP VI – SERVICE ESTABLISHMENTS

Postal Service (491) / Couriers and Messengers (492)

Postal service (4911)

G

Couriers and express delivery services (4921)

Local messengers and local delivery (4922)

Telecommunications (517)

Wired and wireless telecommunications (5171)

Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services (518)

Computing infrastructure providers, data processing, web hosting, and related services (5182)

Credit Intermediation and Related Activities (522)

Savings, loan and other financial services (5221, 5222 and 5223)

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)

Insurance Carriers and Related Activities (524)

Insurance carriers and related activities (5241 and 5242)

Funds, Trusts and Other Financial Vehicles (525)

Funds, trusts and other financial vehicles (5251 and 5259)

Real Estate (531)

Real estate (5311, 5312, and 5313)

Rental and Leasing Services (532)

Automotive equipment rental and leasing (5321)

Consumer goods rental (5322)

Consumer electronics and appliances rental (53221)

Recreational goods rental (532284)

All other consumer goods rental (in 5322)

General rental centers (5323)

Commercial and industrial machinery and equipment rental and leasing (5324)

Professional, Scientific, and Technical Services (541)

Veterinary services (54194)

●P

All other professional, scientific, and technical services (in 541)

Management of Companies and Enterprises (551)

Management of companies and enterprises (5511)

Administrative and Support Services (561)

Travel and reservation services (5615)

Services to buildings and dwellings (5617)

Carpet and upholstery cleaning services (56174)

D1

All other services to buildings and dwellings (in 5617)

All other administrative and support services (in 561)

Educational Services (611)

Business schools and computer and management training (6114)

Technical and trade schools (6115)

All other schools and instruction (6116 and 6117)

Food Services and Drinking Places (722)

Special food services (7223)

Eating or drinking establishments (7224 and 7225)

Repair and Maintenance (811)

Automotive repair and maintenance (8111)

Heavy motor vehicle repair and maintenance shops

Light motor vehicle repair and maintenance shops

Car washes (811192)

Electronic and precision equipment repair and maintenance (8112)

Commercial and industrial machinery and equipment repair and maintenance (8113)

Personal and Household Goods Repair and Maintenance (8114)

Bicycle and recreational boat repair

Recreational boat repair

Home and garden equipment and appliance repair and maintenance (81141)

All other personal and household goods repair and maintenance (in 8114)

Personal and Laundry Services ( 812 )

Personal care services (8121)

Health and fitness establishments

All other personal care services (in 8121)

Death care services (8122)

Funeral homes and funeral services (81221)

Crematoriums

Drycleaning and laundry services (8123)

Personal laundry services

Personal dry cleaning services

Industrial dry cleaning and laundry services

Other personal services

(8129)

Pet care services (81291)

All other personal services (in 8129)

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