Volume 6 | Issue 10: BSA Special Permits No Longer Required For Gyms, Spas, and Licensed Massage Therapy

The New York City Council recently passed a proposal by the Department of City Planning which will amend the Zoning Resolution so that Physical Cultural Establishments (PCE’s) such as gyms, spas and other facilities dedicated to physical fitness and health will now be considered commercial uses that will be allowed as of right and are exempt from having to obtain Board of Standards and Appeals (BSA) special permits.

Those establishments that are less than 10,000 square feet will be permitted as Use Group 6 and Use Group 14 in all commercial and manufacturing districts including C-1 districts where gyms were previously not allowed.

Gyms and spas that are unlimited in size will be categorized as Use Group 9 and will be permitted as of right in the highest density C1 districts (C1-8, C1-9 and C1 districts overlays mapped with R9 or R10 districts), C2 districts and higher, and M1, M2 and M3 manufacturing districts.

Licensed massage therapy will be categorized as ambulatory health care (Use Group 4A) or health care offices (Use Group 6B) and will be treated in the same manner as other outpatient medical uses from a zoning perspective. This new designation will allow licensed massage therapy studios as community facilities in most residential districts with the exception of low-intensity R1 and R2 districts, and they will be permitted in all commercial and manufacturing districts.

This change is long awaited and significant. RPO is already in the process of amending a Certificate of Occupancy for a client who is very happy not to have to renew their expiring BSA permit. Let us know if we can help you in the same way.