24-05 - Buildings Containing Certain Community Facility Uses

LAST AMENDED
12/5/2024


R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

(a)    In R1 through R5 Districts in #lower density growth management areas#, the #bulk# regulations of this Chapter shall
       not apply to any #zoning lot# containing #buildings# used for:

       (1)    ambulatory diagnostic or treatment health care facilities listed under Use Group III(B), except where such #zoning
              lot# contains #buildings# used for hospitals or nursing homes as defined in the New York State Hospital Code; or

       (2)    child care services as listed under the definition of #school# in Section 12-10 (DEFINITIONS), except where such
              #zoning lot# contains #buildings# used for houses of worship or, for #zoning lots# that do not contain
              #buildings# used for 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#.

(b)    In lieu thereof, the #residential bulk# regulations of Article II, Chapter 3, shall apply, except that:
       (1)    the minimum #lot area# for such #zoning lots# containing ambulatory diagnostic or treatment health care
              facilities shall be 5,700 square feet, and the minimum #lot area# for such #zoning lots# containing child care
              services shall be 10,000 square feet. In addition, each such #zoning lot# shall have a minimum #lot width# of 60
              feet. Such #lot width# shall be applied as set forth in the definition of #lot width# in Section 12-10, provided that
              such #lot width# shall also be met along at least one #street line# of the #zoning lot#. No #building#, or portion
              thereof, shall be permitted between opposing #side lot lines# where such #lot lines# would be nearer to one
              another at any point than 60 feet;

       (2)    the provisions of Section 23-341 (Permitted obstructions in required yards or rear yard equivalents), inclusive,
              shall be modified to prohibit parking spaces of any kind within a #front yard#;

       (3)    in lieu of Section 23-331 (Basic side yard requirements in R1 through R5 Districts), Sections 24-35 (Minimum
              Required Side Yards) and 24-55 (Required Side and Rear Setbacks) shall apply; and

       (4)    for child care services in R1 and R2 Districts, the provisions of paragraph (9) in the definition of #floor area# in
              Section 12-10, pertaining to #floor area# exclusions for the lowest story of a #residential building#, shall not apply.

      For such #buildings#, the authorization provisions of Section 24-06 (Modification of Bulk Regulations in Certain
      Districts) shall be inapplicable.