22-133

Use Group III – uses subject to additional conditions

For uses denoted with a “P” in Section 22-131 (Use Group III – general use allowances), the following provisions shall apply:

  1. Long-term care facilities in R3 through R10 Districts are permitted except that in certain areas, the following provisions shall apply:
    1. In the high-risk flood zone, as defined in Section 64-11 (Definitions), or within the areas set forth in APPENDIX K (Areas With Nursing Home Restrictions), the development of nursing homes and nursing home portions of continuing care retirement communities, as defined in the New York State Public Health Law, or the enlargement of an existing nursing home that increases such floor area by more than 15,000 square feet, shall not be permitted on any portion of a zoning lot that is located within such areas.
    2. In Community District 11 in the Borough of the Bronx, Community District 8 in the Borough of Manhattan, and Community District 1 in the Borough of Staten Island, the development of nursing homes, as defined in the New York State Public Health Law, or the enlargement of an existing nursing home that increases the existing floor area by 15,000 square feet or more, are permitted only by special permit of the City Planning Commission pursuant to Section 74-131 (Long-term care facilities). However, such special permit may not be applied to developments or enlargements that are subject to the restrictions set forth in paragraph (a)(1) of this Section.
  2. Non-profit hospital staff dwellings in all Residence Districts shall be located on the same zoning lot as the non-profit or voluntary hospital and related facilities or on a separate zoning lot that is immediately contiguous thereto, or would be contiguous but for its separation by a street or a street intersection. However, such conditions may be modified by special permit of the City Planning Commission, as set forth in Section 74-132 (Non-profit hospital staff dwelling).
  3. Ambulatory diagnostic or treatment health care facilities in R3 through R10 Districts shall be limited to public, private, for-profit or not-for-profit medical, health and mental health care facilities licensed by the State of New York, or a facility in which patients are diagnosed or treated by health care professionals, licensed by the State of New York or by persons under the supervision of such licensee for medical, health or mental health conditions, and where such patients are ambulatory rather than admitted. Such facilities shall not include the practice of veterinary medicine or ophthalmic dispensing.
  4. Non-commercial clubs in R3 through R10 Districts shall not include:
    1. clubs, the chief activity of which is a service predominantly carried on as a business;
    2. non-commercial outdoor swimming pool clubs; or
    3. any other non-commercial clubs with outdoor swimming pools located less than 500 feet from any lot line.

However, non-commercial outdoor swimming pool clubs or any non-commercial club with an outdoor swimming pool located less than 500 feet from any lot line may be permitted by special permit by the City Planning Commission, in accordance with Section 74-133 (Swimming pool clubs or certain non-commercial clubs).

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