ToC
25-331

Exceptions to application of waiver provisions

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the waiver provisions of Section 25-33 (Waiver of Requirements for Spaces Below Minimum Number) shall not apply to the following types of uses:

Agricultural uses, including greenhouses, nurseries or truck gardens;

Ambulatory diagnostic or treatment health care facilities in R3, R4-1 and R4A Districts in lower density growth management areas. However, the waiver provisions shall apply where such use is located in such areas on the same zoning lot as a hospital, as defined in the New York State Hospital Code or a long-term care facility, and shall apply where such use is located in such areas on any zoning lot in an R6 or R7 District in Community District 10, Borough of the Bronx;

Outdoor tennis courts;

Camps, overnight or day;

Schools in R1 and R2 Districts, child care services in R1, R2, R3, R4-1 and R4A Districts in lower density growth management areas. However, the waiver provisions shall apply where child care services are located in such districts on the same zoning lot as a house of worship, and shall apply where child care services located in such districts on zoning lots that do not contain houses of worship, where the amount of floor area used for child care services is equal to 25 percent or less of the amount of floor area permitted for community facility use on the zoning lot.

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