22-133 - Use Group III – uses subject to additional conditions

LAST AMENDED
12/5/2024

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

(a)   #Long-term care facilities# in R1 and R2 Districts shall only be permitted as-of-right on #qualifying residential sites#. In
      all #Residence Districts# 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.

(b)    #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).

(c)   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.

(d)    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).