In New York City, numerous neighborhoods lack adequate access to grocery stores and fresh, healthy food options; these areas are commonly known as food deserts. To encourage the establishment and development of supermarkets in these underserved communities, the city government implemented a zoning initiative called the FRESH Program
In NYC, the Food Retail Expansion to Support Health (FRESH) Program is designed to encourage private developers to build new supermarkets in designated underserved areas. It achieves this by offering zoning incentives, specifically a floor area bonus that allows developers to construct larger buildings than otherwise allowed.
I am Jorge Fontan, an architect in New York and the owner of Vinculum Architecture, a Manhattan-based architecture firm. At Vinculum, we engage in a wide variety of project types, including new building developments that incorporate grocery stores. In this post, I will review the basics of the New York City FRESH Program and explain how it can benefit a property development while providing much-needed services to the community.
The FRESH Program
Building developments in New York City are limited in size by a specific regulation in the Zoning Resolution known as the Floor Area Ratio (FAR). The FAR establishes the maximum allowable buildable floor area for a given property by defining the ratio between a building’s total floor area and the size of its zoning lot.
The FRESH Program offers a key incentive: it allows developers to increase the size of their development by providing a 1:1 floor area bonus for the total building area. Specifically, for every square foot dedicated to the qualifying fresh food store, the developer can build an additional square foot for the entire building, up to a maximum bonus of 20,000 square feet. this bonus makes it so the square footage of the store is essentially additional floor area capped at 20,000 square feet.
Here is a practical example:
If a property’s standard maximum buildable floor area (based on its base FAR) is 50,000 square feet, and you incorporate a 10,000 square foot qualifying fresh food store, you would be permitted to build a total development of 60,000 square feet (50,000 sq ft standard area + 10,000 sq ft bonus area).
The program also authorizes an extension to the maximum allowable building height. Developments can be up to 15 feet taller than the underlying zoning would normally permit, provided that the ground floor occupied by the FRESH food store maintains a minimum finished floor-to-ceiling height of 14 feet.
Furthermore, the store is generally required to have a specific amount of window transparency facing the street, though recent updates have relaxed this for existing buildings undergoing renovation to become FRESH supermarkets, removing a potentially expensive barrier. The store must also operate as a full-service grocery store for the duration of the tax benefits or life of the building permits.
FRESH food stores must be certified by the Chairperson of the City Planning Commission prior to receiving permits or approvals from the Department of Buildings.
Qualifying for the FRESH Program
To qualify for the FRESH Program a store must be a grocery or specialty food retailer listed in Use Group VI of the New York City Zoning Resolution with a minimum of 6,000 square feet dedicated to the sale of food and non-food grocery products. Such retail space shall be distributed as follows:
- Minimum Size: The store must have a minimum of 6,000 square feet dedicated to the sale of food and non-food grocery products.
- Perishable Goods: At least 25% of the retail space shall be for perishable goods that include dairy, fresh produce, frozen foods and fresh meats, with a minimum of 500 square feet for fresh produce.
- Non-Perishable Goods: At least 35%of the space must be dedicated to the sale of non-perishable food.
- Layout: At least 6,000 square feet of the space must be located on one story
Where the FRESH Program Applies
The FRESH Program is not applicable throughout the entirety of New York City; it exclusively targets specific areas identified within the New York City Zoning Resolution as being underserved by grocery stores. These areas, determined by the Department of City Planning based on a “Supermarket Needs Index,” were expanded in 2021 and encompass various Community Districts across all boroughs.
NYC FRESH Program Zoning a Win-Win
The FRESH Program is a “win-win” situation: it allows developers additional square footage beyond what is typically allowable, maximizing property value, while simultaneously providing critically needed grocery stores and healthy food access to underserved areas of the city.
As an architect working in NYC development, my firm, Vinculum Architecture, navigates these types of nuanced regulations to help clients realize projects that are both financially feasible and community-oriented. The FRESH program is a powerful and important tool in the NYC zoning toolkit, providing significant incentives for developers willing to invest in areas historically overlooked by the private market.
Thank You for Reading Our Article on the NYC FRESH Zoning Program
I hope this was helpful. If you would like to speak with an architect about a potential project, please get in touch with us directly at Vinculum Architecture.
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This post was written by Jorge Fontan AIA a Registered Architect and owner of New York City based architecture firm Vinculum Architecture. Jorge Fontan has earned 3 degrees in the study of architecture including two degrees from the City University of New York and a Masters Degree in Advanced Architectural Design from Columbia University. Jorge has a background in construction and has been practicing architecture for 20 years where he has designed renovations and new developments of various building types.
