Health & Fitness (Formerly PCE)

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WHAT IS A "HEALTH AND FITNESS ESTABLISHMENT" AND WHY IS IT NO LONGER A "PHYSICAL CULTURAL ESTABLISHMENT"?

A recent adoption of the NYC zoning text (Dec. 9, 2021), amended what we previously referred to as a “Physical Cultural Establishment” (PCE). The City Council voted on this amendment to end several decades of antiquated regulations and help the fitness industry recover from the COVID-19 pandemic.

Previously, PCE’s required a special permit from the Board of Standards and Appeals, which unfairly burdened legitimate businesses. We moved the popular diagram we developed as it’s no longer relevant.

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THE CHANGES YOU NEED TO KNOW REGARDING "HEALTH AND FITNESS ESTABLISHMENT"

Some major changes associated with the zoning amendment are as follows:

PCE is no longer a term defined by ZR12-10; instead, 2 new terms have replaced it. One is “health and fitness establishment” and the other is “unlicensed physical treatment establishment“
The Board of Standards and Appeals (BSA) no longer retains jurisdiction over PCE special permits as ZR73-36 has been removed.
Perhaps most important is that health and fitness establishments are permitted to operate as-of-right in the appropriate zoning districts. A recent zoning amendment consolidated use groups so that this use now is classified as 'VI'.
- There is no longer a distinction based on square footage and use group, the former 10,000sf was superseded by an amendment on June 6, 2024.

In commercial districts, ZR32-163 (c) (2) outlines new rules on sound mitigation for high-intensity and low-intensity use cases, as well as permissible use cases that allow outdoor (unenclosed) activities as per ZR32-164 (f).
In mixed-use districts, ZR123-33 outlines the rules on enclosure and environmental conditions.

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WHAT ARE MY NEXT STEPS...

If you are looking to discuss your future plans to open a Health and Fitness Establishment or are still unsure about the process, please reach out to our office for clarification. If you wish to learn more about this zoning amendment's impact on your business, we’ve compiled some resources to add to your arsenal of knowledge on the topic.