Step 3: Preparation of Land Use and Environmental Applications

Specific Standards and Guidelines for FRESH

63-22: 63-50 Actions Related to FRESH Food Stores

• ZR 63-22: Authorization to Modify Maximum Building Height for a FRESH Food Store
• ZR 63-23 and 63-30: Certification for a FRESH Food Store and Transparency Waiver
• ZR 63-40: Certification for a Change of Use for a FRESH Food Store
• ZR 63-50: Authorization for Bulk and Parking Modifications
• Application Sample for 63-30 and 63-22

FRESH seeks to incentivize the establishment of neighborhood full-line grocery stores in low-income and underserved communities. The FRESH program is open to grocery store operators renovating existing retail space or developers seeking to construct or renovate retail space that will be leased by a full-line grocery store operator. The financial and zoning incentives offered through FRESH aim to address some of the disincentives facing food store development and operation, and promote the positive influences that these stores have on the neighborhoods in which they operate.

A FRESH food store contains at least 6,000 square feet of floor area utilized for 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, consumption and utilization. To be certified as a FRESH food store, two conditions must be met:

• at least 3,000 square feet or 50 percent of such retail space, whichever is greater, shall be utilized for the sale of a general line of food products intended for home preparation, consumption and utilization, and

• at least 2,000 square feet or 30 percent of such retail space, whichever is greater, shall be utilized for 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.

More information about the history and purpose of the FRESH program is available in this slideshow or on DCP’s Zoning Tools page.

Applicants must fall within designated FRESH-eligible areas, shown in the map above. For a detailed map, please refer to the FRESH eligibility map.

These areas encompass portions of Community Districts 9-12 in the Borough of Manhattan, portions of Community Districts 1-7 in the Borough of the Bronx, portions of Community Districts 3, 4, 5, 8, 9, 16 and 17 in the Borough of Brooklyn and the Special Downtown Jamaica District in Queens.