The City Planning Commission may permit long-term care facilities in locations where they are not permitted as-of-right, in accordance with paragraph (a) or (b) of this Section.  

(a)        In R1 and R2 Districts

The Commission may permit long-term care facilities in R1 and R2 Districts, and in C1 and C2 Districts mapped within such Residence Districts, provided that the following findings are made:

(1)        such use is compatible with the character of the surrounding area;

(2)        the proposed building access, orientation and landscaping create an adequate buffer between the proposed facility and nearby residences; and

(3)        the streets providing access to such use are adequate to handle the traffic generated thereby or provision has been made to handle such traffic.

(b)        In certain Community Districts

The Commission may permit the development of nursing homes, as defined in the New York State Public Health Law, or enlargements of existing nursing homes that increase the existing floor area by 15,000 square feet or more, 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, provided that the Commission finds that the development of additional nursing home beds will not unduly burden such community district. However, such special permit shall not apply to developments or enlargements that are subject to the restrictions set forth in Section 22-16 (Special Regulations for Nursing Homes).

Where such use is permitted by the Commission, it may be eligible for bulk modification, pursuant to the provisions of Section 74-902 (Certain community facility uses in R1 and R2 Districts and certain Commercial Districts), or Section 74-903 (Certain community facility uses in R3 to R9 Districts and certain Commercial Districts), as applicable.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.