Commercial spaces are often changing ownership and use in New York. Along with the complex matrix of NYC Zoning and Building Codes, it may not be easy to know what you can do in a given space. If you want to make a new restaurant out of an existing retail location, there will be many requirements to resolve.
Can You Convert a Retail Space into a Restaurant in NYC?
You can convert a retail space to a restaurant in NYC if you comply with all applicable building and zoning codes as well acquire all necessary permits and approvals. The property will need a Certificate of Occupancy for an Eating or Drinking Establishment or a Letter of No Objection for the proposed use.
There are extensive building and zoning codes and bureaucratic protocols to follow when renovating and changing the use of a space in New York.
I am Jorge Fontan, an architect in New York and owner of Fontan Architecture, a Manhattan-based architecture firm. At our firm, we work on various projects, including commercial projects for the Food and Drink industry. In this post, I will review a few points on converting a retail space into an Eating and Drinking Establishment in NYC.
Eating and Drinking Establishment
The New York City Zoning Resolution uses the term “Eating and Drinking Establishment” for restaurants, bars, and coffee shops. Usually, an Eating and Drinking Establishment is in Zoning Use Group 6.
Use Group 6: Most Eating and Drinking Establishments fall under Use Group 6.
Use Group 10: Eating and Drinking Establishments in a hotel without restriction on entertainment are Use Group 10.
Use Group 12: Eating and Drinking Establishments with entertainment and a capacity of over 200 or dancing of any size are Use Group 12.
Building Code Occupancy Groups
Occupancy Group A, Assembly: Restaurants with an occupancy of 75 people or more are in Assembly Group A. Any space with 75 people or more must obtain a Place of Assembly certificate for their property. A restaurant qualifying as Assembly Group will have more code requirements than under 75 people.
Occupancy Group B, Business: Restaurants with occupancy under 75 people are in Business Group B. A restaurant in the Business Group will have fewer requirements than one in Group A.
Certificate Of Occupancy for Restaurant Conversions
If you are changing a space’s Use Group or Occupancy Group, you will need a New Certificate of Occupancy. Most retail stores can be converted into a restaurant with fewer than 75 people without requiring a new Certificate of Occupancy.
An architect files an Alt Co Application at DOB (formerly called an Alt 1) to get a new Certificate of Occupancy or amend an existing one. These applications are more involved than simple alteration applications and can trigger additional requirements. DOB must also inspect the space before the new Certificate is Issued. We have another post if you want to see more detail on Alt CO Applications at the NYC DOB.
LNO for Eating and Drinking Establishments
To convert a commercial space to a restaurant without getting a new Certificate of Occupancy, you must get a Letter of No Objection (LNO). An LNO is not a work permit. Alterations will still be filed separately for the renovation. If you are applying for a liquor license, the Liquor Authority will typically accept an LNO in the absence of a Certificate Of Occupancy to obtain a Liquor License.
Converting Retail to Restaurant in NYC
As an architect, I study Zoning and Building Codes and protocols, which are complicated and quite involved. In this article, we reviewed some of the basic concepts regarding Converting a Retail Space into a Restaurant. This post does not assume to cover every possible issue or condition, but provides a general overview of the topic.
Thank you for reading our blog post on Converting Retail to Restaurant.
I hope this was helpful. If you want to speak with an architect about a potential project, contact us at Fontan Architecture directly.
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This post was written by Jorge Fontan AIA a Registered Architect and owner of New York City architecture firm Fontan 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.
