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What is NYC ZR § 63-01?

Quick Answer

This section defines a 'FRESH food store' as a grocery or specialty retailer that allocates at least 6,000 square feet for the sale of food and non-food products, with specific requirements for perishable and non-perishable goods. Applies to retailers seeking certification from the City Planning Commission.

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

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§ 63-01 Definitions

ZR § 63-01

FRESH food store

A “FRESH food store” is a grocery and convenience retailer or specialty food retailer, listed under Use Group VI, where at least 6,000 square feet of floor area, or cellar space utilized for retailing, is allocated to the sale of a general line of food and non-food grocery products, such as dairy, canned and frozen foods, fresh fruits and vegetables, fresh and prepared meats, fish and poultry, intended for home preparation and consumption. Such retail space shall be distributed as follows:

at least 25 percent of such retail space shall be allocated to the sale of perishable goods that shall include dairy, fresh produce, frozen foods and fresh meats, of which at least 500 square feet of such retail space shall be designated for the sale of fresh produce;

at least 35 percent of such retail space shall be allocated to the sale of non-perishable food; and

at least 6,000 square feet of such retail space shall be located on one story.

A food store shall be certified as a FRESH food store by the Chairperson of the City Planning Commission, pursuant to Section 63-30 (CERTIFICATION FOR A FRESH FOOD STORE).

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